[HISTORY: Adopted by the Town Board of the Town of Coeymans
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
[Adopted 12-10-2012 by L.L. No. 2-2012]
[Amended 2-25-2020 by L.L. No. 1-2020]
This article shall apply to the appointment, terms, functions
and powers of alternate members of the Planning Board/Zoning Board
of Appeals in the Town of Coeymans.
[Amended 2-25-2020 by L.L. No. 1-2020]
It is sometimes difficult to maintain a quorum on the Planning
Board/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 Town Board when a regular
member is unable to participate on matters before the respective board
as provided herein.
An individual appointed by the Town Board to serve on the
Town Planning Board/Zoning Board of Appeals pursuant to the provision
of the local law or ordinance which first established such Board.
[Amended 2-25-2020 by L.L. No. 1-2020]
The Planning Board/Zoning Board of Appeals of the Town of
Coeymans as established by the Town Board, pursuant to the provisions
of § 267 of the Town Law.
[Amended 2-25-2020 by L.L. No. 1-2020]
[Amended 2-25-2020 by L.L. No. 1-2020]
A.
The Town Board of the Town of Coeymans hereby enacts this article
to provide a process for appointing alternate members of the Planning
Board/Zoning Board of Appeals. These individuals would serve when
members are absent or unable to participate on an application or matter
before the Board.
B.
Alternate members of the Planning Board/Zoning Board of Appeals shall
be appointed by the Town Board 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.
C.
The chairperson of the Planning Board/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/Zoning
Board of Appeals meeting, at which the substitution is made.
D.
All provisions of state law relating to the Planning Board/Zoning
Board of Appeals member eligibility, vacancy in office, removal, compatibility
and service on other boards, as well as any provisions of a local
law/local ordinance relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
[Amended 2-25-2020 by L.L. No. 1-2020]
This article is hereby adopted pursuant to the provisions of
§ 10 of the New York State Municipal Home Rule Law and § 10
of the New York State Statute of Local Governments. It is the intent
of the Town Board, pursuant to § 10 of the New York State
Municipal Home Rule Law, to supersede the provisions of § 267
of Town Law relating to the appointment of members to Town Planning
Board/Zoning Board of Appeals.
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 the 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 Town of Coeymans to further
regulate the subject matter of this article.
