[HISTORY: Adopted by the Town Board of the Town of Saratoga as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-13-1999 by L.L. No. 1-1999]
Alternate Planning Board and ZBA Members Act. This article shall apply
to the appointment, terms, functions and powers of alternate members appointed
to serve on the Planning Board/Zoning Board of Appeals in the Town of Saratoga.
It is sometimes difficult to maintain a quorum on the Planning Board/Zoning
Board of Appeals because 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 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 Town Planning
Board/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.
The Planning Board of the Town of Saratoga as established by the
Town Board by local law pursuant to the provisions of § 271 of the
Town Law.
An individual appointed by the Town Board to serve on the Town Planning
Board/Zoning Board of Appeals pursuant to the provisions of the local law
or ordinance which first established such Planning Board/Zoning Board of Appeals.
The Zoning Board of Appeals of the Town of Saratoga as established
by the Town Board by local law pursuant to the provisions of § 267
of the Town Law.
A.
The Town Board of the Town of Saratoga hereby enacts
this article to provide a process for appointing "alternate" members of Planning
Boards/Zoning Boards of Appeal. These individuals would serve when regular
members are absent or unable to participate on an application or matter before
the respective Board.
B.
Two alternate members each for the Planning Board/Zoning
Board of Appeals shall be appointed by the Town Board for such terms as the
Town Board determines.
C.
The Chairperson of the Planning Board/Zoning Board of
Appeals may designate an alternate member to substitute for a regular member
for any application, matter, meeting or 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 powers of a regular
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.
Any decision or determination of the Planning Board/Zoning
Board of Appeals which includes the vote of one or more alternate Planning
Board/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/Zoning Board of Appeals.
E.
All provision of state law relating to Planning Board/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/local ordinance relating to training, continuing education, compensation
and attendance, shall apply to alternate Planning Board/Zoning Board of Appeals
members.
This article 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 pursuant to § 10
of the NYS Municipal Home Rule Law to supersede the provisions of:
