[HISTORY: Adopted by the Board of Trustees of the Village
of Castleton-on-Hudson as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
[Adopted 4-10-1967]
[Amended 10-27-1997 by L.L. No. 6-1997[1]]
There shall be a Village Planning Board appointed by the Mayor,
subject to the approval of the Village Board of Trustees, which Board
shall consist of one member to serve one year; one member to serve
two years; one member to serve three years; one member to serve four
years; and one member to serve five years. Their successors shall
be appointed for terms of five years from and after the expiration
of the term of their predecessors in office.
Pursuant to the Village Law, said Planning Board is hereby authorized
and empowered to approve plats showing lots, blocks or sites, with
or without streets or highways, and to pass and approve the development
of plats already filed in the office of the clerk of said county if
such plats are entirely or partially undeveloped.
[Adopted 9-9-2013 by L.L. No. 2-2013]
This article shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on the Planning
Board and Zoning Board of Appeals in the Village of Castleton-on-Hudson.
It is sometimes difficult to maintain a quorum on the Planning
Board and the Zoning Board of Appeals because members are ill or on
extended vacation or find they have a conflict of interest situation
on a specific matter before such a 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 article, the following terms shall have the
meanings indicated:
An individual appointed by the Village Board 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 Village Board to serve on
the Village Planning Board or Zoning Board of Appeals pursuant to
the provisions of the local law which first established such Planning
Board.
The Planning Board of the Village of Castleton-on-Hudson
as established by the Village Board pursuant to the provisions of
Village Law.
The Zoning Board of Appeals of the Village of Castleton-on-Hudson
as established by the Village Board, pursuant to the provisions of
the Village Law.
A.
The Village Board of the Village of Castleton 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 the Mayor, subject to the approval of the Village
Board of Trustees or other duly authorized appointing authority, for
a term of three years with the terms to expire on December 31, of
the third year after the date of their appointment.[1]
C.
The Chairperson of the Planning Board or 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 meeting,
or Zoning Board of Appeals meeting, at which the substitution is made.
D.
All provisions of state law relating to the Planning Board or 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 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 NYS Municipal Home Rule Law and § 10
of the NYS Statute of Local Governments. It is the intent of the Board
of Trustees pursuant to § 10 of the NYS Municipal Home Rule
Law to supersede all inconsistent provisions of the Village Law.
A.
This article shall be deemed to supersede and repeal any other local
laws to the extent therein inconsistent herewith.
B.
If any part of this article shall be judicially declared to be invalid,
void, unconstitutional or unenforceable, all unaffected provisions
hereof shall survive such declaration and this article shall remain
in full force and effect as if the invalidated portion had not been
enacted.
C.
Nothing herein shall be deemed to be a waiver or restriction upon
any rights and powers available to the Village of Castleton-on-Hudson
to further regulate the subject matter of this article.
