Village of Washingtonville, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Washingtonville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Architectural Review Board — See Ch. 48.

ARTICLE I
Attendance Requirements for Members (§ 21-1 — § 21-4) 

ARTICLE II
Alternate Board Members (§ 21-5 — § 21-11) 

[Adopted 6-7-1993 by L.L. No. 5-1993]

§ 21-1
Legislative intent. 

§ 21-2
Application. 

§ 21-3
Requirements. 

§ 21-4
Removal. 

§ 21-1 Legislative intent.

The Board of Trustees finds that regular meeting attendance by all appointed board members will advance the public interest. This Board determines that regular attendance by appointed board members at their respective meetings is critical to the proper function of such boards and to timely and reasoned action on applications submitted to the boards. This Board further determines that regular meeting attendance is a condition of the appointment of each board member.

§ 21-2 Application.

This article shall apply to all members of the following boards:

A. 

Planning Board.

B. 

Zoning Board of Appeals.

C. 

Architectural Review Board.

§ 21-3 Requirements.

The following is hereby established as the minimum meeting attendance requirements: No board member shall be absent from more than four successive meetings or more than six meetings in any one calendar year. As used herein, the word "meeting" applies to any regular or special meeting of the member's board. A member shall not be deemed absent from a meeting if he or she has a legitimate excuse for medical or unexpected personal reasons and communicates that excuse to the Chairman or Secretary of the board prior to the meeting.

§ 21-4 Removal.

The Mayor shall have the power, subject to the approval of the Board of Trustees, to remove, after the opportunity for a hearing, any board member for noncompliance with the minimum requirements established herein.

[Adopted 8-5-1996 by L.L. No. 6-1996]

§ 21-5
Legislative intent. 

§ 21-6
Applicability. 

§ 21-7
Selection of alternate board members; term. 

§ 21-8
Designation of alternate board member for particular application, matter or period of time. 

§ 21-9
Powers of alternate board members. 

§ 21-10
Other requirements. 

§ 21-11
Supersession of state law. 

§ 21-5 Legislative intent.

The Board of Trustees finds that, notwithstanding the village's requirement of Planning Board and Zoning Board of Appeals members to regularly attend all meetings of their respective boards, there may be circumstances where a board member for good cause is unable to attend a meeting or meetings or where a board member for proper cause recuses himself or herself from considering and voting on a particular application. Where a regular member or members is absent or unable to participate on an application or matter or for a period of time, it is in the public interest for each board to have available substitute member(s) to consider and vote on applications and other matters. The intent of this article is to make alternate board members available to substitute for an absent or recused regular board member in circumstances where the Mayor deems in his discretion such substitution to further the public interest.

§ 21-6 Applicability.

This article shall apply to the Planning Board and the Zoning Board of Appeals.

§ 21-7 Selection of alternate board members; term.

Alternate members of the Zoning Board of Appeals and of the Planning Board shall be appointed by the Mayor, subject to the consent of the Board of Trustees, for terms established by the Board of Trustees. All such terms shall expire at the end of a specified village official year. An alternate member of the Zoning Board of Appeals may be a regular member of the Planning Board or any other person qualified to serve as an official of the village. An alternate member of the Planning Board may be a regular member of the Zoning Board of Appeals or any other person qualified to serve as a village official. In appointing alternate board members, the Mayor shall also designate which of the alternate board members will substitute on the first occasion that service of an alternate board member is deemed necessary and shall also designate the order in which alternate board members will serve on such subsequent occasions.

§ 21-8 Designation of alternate board member for particular application, matter or period of time.

When one or more regular board member(s) expects to be absent due to illness, business or other good cause for three or more months or recuses himself or herself for proper cause from considering and voting on a particular application or matter, the Chairperson of that board may request the Mayor to designate an alternate board member(s) to substitute for such regular board member(s) or the Mayor may make such designation without a prior request. Said designation by the Mayor shall be made in accordance with the list of alternate board members created pursuant to § 21-7.

§ 21-9 Powers of alternate board members.

When designated to substitute for a regular board member, alternate board members shall possess all the powers of a regular member of the board. Such designation shall be entered into the minutes of the initial board meeting at which the substitution is made. An alternate board member can consider and vote on applications made or recommendations sought prior to designation of the alternate board member. Any recommendation, decision or determination of a board which includes the vote of one or more alternate board members shall have equal force and effect as recommendations, decisions and determinations made solely by a vote of the regular members of said board.

§ 21-10 Other requirements.

All provisions of law, regulation and policy relating to Planning Board member and/or Zoning Board of Appeals member training and continuing education, meeting attendance, compensation, eligibility, vacancy in office, removal, and service on other boards shall apply to alternate board members.

§ 21-11 Supersession of state law.

A. 

This article supersedes state Village Law §§ 7-712 and 7-718 to the extent that said sections limit the number of board members, fail to provide for appointment of and substitution by alternate board members and prohibit new board members from taking part in the consideration of any matter for which an application was on file prior to the member's appointment.

B. 

This article shall supersede any inconsistent provision of state law enacted subsequent to adoption of this article.