Town of Eden, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Eden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 184.
Zoning — See Ch. 225.
[Adopted 12-11-2002 by L.L. No. 8-2002]
This article shall be known and may be cited as the "Alternate Planning Board and Zoning Board of Appeals Members Act." 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 Town of Eden.
It is sometimes difficult to maintain a quorum on the Planning Board/Zoning Board of Appeals because members may find they have a conflict of interest situation on a specific matter or are unavailable for a meeting 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 article.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Town Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board because of a conflict of interest or lack of a quorum, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board/Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Eden as established by the Town Board by local law or ordinance, pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Eden as established by the Town Board by local law or ordinance, pursuant to the provisions of § 267 of the Town Law.
A. 
The Town Board of Eden 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 unable to participate on an application or matter before the respective Board because of a conflict of interest or where a quorum is lacking.
B. 
Alternate members of the Planning Board/Zoning Board of Appeals shall be appointed by the Town Board for a term of one year.
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 because of a conflict of interest or where a quorum is lacking. When so designated, the alternate member shall possess all the powers and responsibilities of such member of this 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 Planning Board/Zoning Board of Appeals eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
This article is hereby adopted by the Town Board pursuant to the provisions of:
A. 
Section 271 of the New York State Town Law, Subdivision 15, as amended by Chapter 137 of the Laws of 1998.
B. 
Section 267 of the New York State Town Law, Subdivision 11, as amended by Chapter 137 of the Laws of 1998.