[Added 11-5-2008 by L.L. No. 8-2008]
The short title of this article shall be 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 Village of Fishkill.
It is sometimes difficult to maintain a quorum
on the Planning Board and/or 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 required time lines. 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 Village Board to serve on
the Village Planning Board or the Village Zoning Board of Appeals
when a regular member is unable to participate on an application or
matter before the respective board, as provided herein.
An individual appointed by the Village Board to serve on
the Village Planning Board or the Village 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 Planning Board of the Village of Fishkill as established
by the Village Board of Trustees by local law or ordinance, pursuant
to the provisions of § 7-718 of the Village Law.
The Zoning Board of Appeals of the Village of Fishkill as
established by the Village Board of Trustees by local law or ordinance,
pursuant to the provisions of § 7-712 of the Village Law.
A.
The Village Board of Trustees of Fishkill hereby enacts
this article to provide a process for appointing "alternate" members
to the Planning Board and/or Zoning Board of Appeals. These individuals
would serve when members are absent or unable to participate on an
application or matter before the respective board.
B.
Alternate members of the Planning Board and Zoning
Board of Appeals shall be appointed by the Village Mayor or other
duly authorized appointing authority, for a term of one year.
C.
The Chairperson of the Planning Board and/or 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. 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 or Zoning Board of Appeals meeting at which the substitution
is made.
D.
All provisions of state law relating to Planning Board
and/or 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 and attendance, 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 Village
Board of Trustees pursuant to § 10 of the Municipal Home
Rule Law to supersede the provisions of: