[HISTORY: Adopted by the Town Board of the Town of Canandaigua
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-2012 by L.L. No. 2-2012]
Alternate Zoning Board of Appeals Member Act. This article shall
apply to the appointment, term, function and/or power of any alternate
member appointed to serve on the Zoning Board of Appeals in the Town
of Canandaigua.
It is sometimes difficult to maintain a quorum on the Zoning
Board of Appeals for a variety of reasons, including illness, or vacation,
employment, or conflicts of interest, among others. In such instances,
official business cannot be conducted which may delay and/or impede
adherence to required timelines. 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 to serve on the
Zoning Board of Appeals when a regular member is unable to participate
on an application or matter before the Board, as provided herein.
An individual appointed by the Town Board to serve on the
Zoning Board of Appeals.
The Zoning Board of Appeals of the Town of Canandaigua as
established by the Town Board pursuant to the provisions of § 267
of the Town Law.
A.
The Town Board of the Town of Canandaigua hereby enacts this article
to provide a process for appointing "alternate" members to its Zoning
Board of Appeals, as needed from time to time. 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 Zoning Board of Appeals shall be appointed
by the Town Board for a term of two years.
C.
The chairperson of the Zoning Board of Appeals may designate an alternate
to substitute for a member on the Board 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 for such member of the Board. Such designation shall
be entered into the minutes of the initial Zoning Board of Appeals
meeting at which the substitution is made.
D.
All provisions of state law relating to Zoning Board of Appeals member
eligibility, vacancy in office, removal, compatibility of office and/or
service on other boards, as well as any provision of any local law
relating to training, continuing education, compensation and attendance,
shall also apply to alternate members, except that alternate members
shall be compensated pro rata based solely on the actual time the
alternate member serves as a voting member.
This article is hereby adopted pursuant to the provisions of
§ 10 of the Municipal Home Rule Law and § 10 of
the Statute of Local Governments. It is the intent of the Town Board
pursuant to § 10 of the Municipal Home Rule Law to supersede
the provisions of:
A.
Section 267 of the Town Law relating to the appointment of members
to a Town Zoning Board of Appeals.
