Town of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 3-24-2004 by L.L. No. 4-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Attendance requirements — See Ch. 2.
Subdivision of land — See Ch. 177.
Zoning — See Ch. 210.

§ 153-1 Title; applicability.

This chapter shall be known and may be cited as the "Alternate Planning Board and Zoning Board of Appeals Members Act." This chapter shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and/or Zoning Board of Appeals in the Town of Poughkeepsie.

§ 153-2 Declaration of policy.

It is sometimes difficult to maintain a quorum or a full Board membership on the Planning Board and/or Zoning Board of Appeals, because the members are ill, on extended vacation or find they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this chapter.

§ 153-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board and/or Zoning Board of Appeals when a regular member is absent or unable to participate on an application or matter before the respective Board as provided herein.
PLANNING BOARD
The Planning Board of the Town of Poughkeepsie as established by the Town Board by local law or ordinance, pursuant to the provisions of § 271 of the Town Law.
REGULAR MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board and/or Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board and/or Zoning Board of Appeals.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Poughkeepsie as established by the Town Board by local law or ordinance, pursuant to the provisions of § 267 of the Town Law.

§ 153-4 Purpose; appointment; term; powers and duties.

A. 
The Town Board of the Town of Poughkeepsie hereby enacts this chapter to provide a process for appointing alternate members of the Planning Board and/or Zonong 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. 
The Town Board may appoint up to three alternate members for the Planning Board and up to three alternate members of the Zoning Board of Appeals. Alternate members of the Planning Board and/or Zoning Board of Appeals shall be appointed by the Town Board for a term of four years.
C. 
The Chairperson of the Planning Board and/or Zoning Board of Appeals may designate an alternate member to substitute for a regular member for any application or matter, for a period of time such member is absent or unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers of a regular member of the Board. Such designation shall be entered into the official minutes of the Planning Board and/or Zoning Board of Appeals meeting at which the substitution is made. Such designation shall be made by seniority on a rotating basis with seniority being determined by the date and time that the individual was appointed by the Town Board.
D. 
Any decision or determination of the Planning Board and/or Zoning Board of Appeals which includes the vote of one or more alternate Planning Board and/or Zoning Board of Appeals members shall have equal force and effect as determinations made solely by a vote of the regular members of said Planning Board and/or Zoning Board of Appeals.
E. 
All provisions of state law relating to Planning Board and/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 and/or local ordinance relating to training, continuing education, compensation, attendance, and Code of Ethics shall apply to alternate Planning Board and/or Zoning Board of Appeals members.

§ 153-5 Supersession of Town Law.

This chapter 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 Town Board as a legislative body pursuant to § 10 of the NYS Municipal Home Rule Law, to supersede the provision of:
A. 
Section 271 of the Town Law relating to the appointment of members to Town Planning Boards; and
B. 
Section 267 of the Town Law relating to the appointments of members to Town Zoning Board of Appeals.