[HISTORY: Adopted by the Town Board of the
Town of Stillwater as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-18-2000 by L.L. No. 1-2000]
This article shall be known as the "Planning
Board and Zoning Board of Appeals Alternate Members Act," and it 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 Stillwater.
It is sometimes difficult to maintain a quorum
of members of the Planning Board and the Zoning Board of Appeals because
members are not present for reasons such as illness, business travel,
or vacation. Members also recuse themselves from time to time because
of conflicts of interest. In such instances, it may be difficult or
impossible to conduct official business, 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:
An individual appointed by the Town Board to serve on the
Planning Board or the Zoning Board of Appeals in accordance with the
provisions of this article.
An individual appointed by the Town Board to serve on the
Planning Board, or the Zoning Board of Appeals, pursuant to the provisions
of the local law or ordinance which first established the Stillwater
Planning Board and the Zoning Board of Appeals.
The Planning Board of the Town of Stillwater as established
by the Town Board, pursuant to the provisions of § 271 of
the Town Law.
The Zoning Board of Appeals of the Town of Stillwater as
established by the Town Board pursuant to the provisions of § 267
of the Town Law.
A.
The Town Board shall appoint one alternate member
to the Planning Board and one alternate member to the Zoning Board
of Appeals. Alternate members shall be appointed for a term of two
years, commencing on the first day of January. The term of any alternate
member appointed subsequent to the first day of January shall expire
on the 31st day of December in the next calendar year.
B.
The Chairperson of the Planning Board and Zoning Board
of Appeals may designate a duly appointed alternate member to substitute
for a member when such member is unable to participate on an application
or matter before the Board. When so designated, the alternate member
shall possess all the powers and responsibilities of a member of the
Board. Such designation shall be entered into the minutes of the Planning
Board or Zoning Board of Appeals meeting at which the substitution
is made.
C.
An alternate member duly authorized by the Chairman
of the Planning Board or Zoning Board of Appeals to substitute for
a Board member, when such member is unable to participate in a meeting,
will be compensated in place and instead of the Board member.
D.
Except as provided in § 26-5 herein, all provisions of state law relating to planning board and zoning board of appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, shall also apply to alternate members In addition, any provisions of a local law or ordinance relating to training, continuing education, compensation and attendance of members shall also apply to alternate members.
This article is hereby adopted pursuant to the
provisions of § 10 of the Municipal Home Rule Law and § 10
of the Statute of Local Governments. It is the intent of the Town
Board, pursuant to § 10 of the Municipal Home Rule Law,
to supersede the provisions of Subdivision 1 of § 271 of
the Town Law relating to the appointment of members to the Town Planning
Board; and Subdivision 2 of § 267 of the Town Law relating
to the appointment of members to the Town Zoning Board of Appeals.
