[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-1-2003 by L.L. No. 1-2003 (Ch. 6, Art. I, of
the 1968 Compilation); amended in its entirety 8-11-2015 by L.L. No. 12-2015]
This article shall be entitled "Alternate Member for the Zoning
Board of Appeals, the Village Planning Board, the Harbor Committee
and the Board of Historic Preservation and Architectural Review of
the Village of Sag Harbor."
This article is hereby enacted pursuant to Article 7 of the
Village Law and § 10 of the Home Rule Law of the State of
New York. Pursuant to § 10(1)(ii)(e) of the Municipal Home
Rule of the State of New York, this article expressly supersedes §§ 7-712(11)
and 7-718(16) of the state Village Law relating to alternate members.
The purpose and intent of this article is to create and provide
for the position of an alternate member on the various boards of the
Village of Sag Harbor in order to ensure and assist with the expeditious
operation of the boards of the Village.
A.
Creation of position. There shall hereby be created the position
of alternate member of which there shall be two alternate members
for the Zoning Board of Appeals, the Village Planning Board, the Harbor
Committee, and the Board of Historic Preservation and Architectural
Review of the Village of Sag Harbor.
B.
Qualifications of alternate members. The qualifications of an alternate
member shall be the same as for any other member of the board on which
that alternate member is sitting.
C.
Duties and obligations. The duties and obligations of an alternate
member shall be the same as for every other member of the board on
which that alternate member is sitting, including but not limited
to regular attendance at meetings of that board.
A.
The term of each of the alternate members of the Zoning Board of
Appeals and the Village Planning Board shall be for five years, and
the initial appointments of alternate members to these Boards shall
be of a term to end on the last day of an administrative year of the
Village so as not to exceed five years in length.
B.
The term of each of the alternate members of the Harbor Committee
and the Board of Historic Preservation and Architectural Review shall
be for three years, and the initial appointments of alternate members
to these Boards shall be of a term to end on the last day of an administrative
year of the Village so as not to exceed three years in length.
The alternate members shall be appointed by the Mayor of the
Village of Sag Harbor, and the appointment shall be approved by the
Board of Trustees of the Village of Sag Harbor.
A.
Each of the alternate members may participate in the place of any
member of the board on which the alternate member has been appointed
when the member of the board is either not participating in an application
due to a conflict of interest, the reason for which has been stated
to the board in public, and also when a member of the board is not
in attendance due to absence.
B.
It shall be within the sole discretion of each member to determine
whether they will withdraw from participation on any application pursuant
to this article. Where a member withdraws, the chairman shall determine
whether the alternate member to that board or committee shall participate
and continue to participate in any particular application once a member
of that board or committee has withdrawn either because of a conflict
of interest or because of absence.
