[HISTORY: Adopted by the Town Board of the Town of Halfmoon as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
[Adopted 5-18-2004 by L.L. No. 5-2004]
This article shall be known and may be cited as Local Law No. 5-2004
amending the Zoning Ordinance of the Town of Halfmoon so as to establish the
position of alternate member for the Planning Board of the Town of Halfmoon.
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 NYS Municipal Home Rule Law to supersede
the provisions of § 271 of the Town Law relating to the appointment
of members to the Town Planning Board.
Local Law No. 5-1995 of the Town of Halfmoon, entitled "Local Law Relating
to Zoning for the Town of Halfmoon," as previously amended and supplemented,
is further amended by amending the duties for the position of alternate member
for the Planning Board of the Town of Halfmoon.
The alternate Planning Board member shall be appointed by the Town Board
for a period of two years to expire at the end of the second calendar year
in which he or she is appointed. The Town Board shall appoint three alternate
members to the Planning Board.
The Chairperson of the Planning Board may designate that an alternate
member will substitute for a member of the Planning Board when a regular member
is absent or unable to participate on an application or matter before the
Planning Board. The Chairperson of the Planning Board shall rotate service
of the alternate members when practicable. 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 at which the substitution is made.
The alternate member shall be subject to removal, after public hearing,
should he or she fail to attend more than five Planning Board meetings when
his or her attendance was specifically requested at the meeting by the Chairman
or five Planning Board meetings during which he or she has been designated
by the Chairman as a substitute for a Planning Board member.
