[HISTORY: Adopted by the Town Board of the
Town of Rochester 12-2-1999 by L.L. No. 5-1999. Amendments noted where
applicable.]
The title of this chapter is "Alternate Planning
Board and Zoning Board of Appeals Members Act." This chapter shall
apply to the appointment, terms, functions and powers of alternate
members appointed to serve on the Planning Board and the Zoning Board
of Appeals in the Town of Rochester.
It is sometimes difficult to maintain a quorum
on the Planning Board and 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 timeliness. The use of alternate members in such instances
is hereby authorized pursuant to the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board to serve on the
Town's Planning Board or Zoning Board of Appeals when a regular
member is unable to participate on an application or matter before
the respective Board as provided herein.
[Amended 4-7-2016 by L.L. No.
2-2016]
The Planning Board of the Town of Rochester as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 271 of the Town Law.
An individual appointed by the Town Board to serve on the
town's Planning Board or Zoning Board of Appeals pursuant to the provisions
of the local law or ordinance which first established such Planning
Board or Zoning Board of Appeals.
The Zoning Board of Appeals of the Town of Rochester 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 the Town of Rochester hereby enacts this chapter
to provide a process for appointing one alternate member to the Planning
Board and one alternate member to the Zoning Boards of Appeals. The
alternate member would serve when regular members are unable to participate
on an application or matter before the respective Board.
[Amended 4-7-2016 by L.L. No.
2-2016]
B.
Alternate members of the Planning Board and Zoning
Board of Appeals shall be appointed by the Town Board, or other duly
authorized appointing authority, for a term of two year(s).
C.
Alternate members shall be required to comply with the training requirements as set forth in § 34-3 of this Code as a condition of appointment.
[Amended 4-7-2016 by L.L. No.
2-2016]
D.
The Chairperson of the Planning Board and the Zoning Board of Appeals
shall designate the alternate member to substitute for a regular member
for any application, matter or period of time (1) such regular member
is recused due to conflict of interest; (2) such regular member has
or will have extended absence from the Board of two or more consecutive
meetings; or (3) to establish a quorum for a specific meeting. When
so designated, the alternate member shall remain in place for all
subsequent review of any specific applications until such time as
the application is decided, except when seated to establish quorum
for a specific meeting, and shall possess all the powers of a regular
member of the Board. The Chairperson shall make such designation by
verbal statement indicating which regular member is being substituted
for and shall direct the secretary to indicate such designation in
the minutes of each meeting or the specific application the alternate
is substituted.
[Amended 4-7-2016 by L.L. No.
2-2016]
E.
Any decision or determination of the Planning Board
or the Zoning Board of Appeals which includes the vote of the alternate
Planning Board or Zoning Board of Appeals member shall have equal
force and effect as determinations made solely by a vote of the regular
members of said Planning Board or Zoning Board of Appeals.
F.
Alternate members shall not be seated with the regular members of
the Board and shall not take part in the discussion of any application
unless designated to substitute by the Chairperson.
[Added 4-7-2016 by L.L. No. 2-2016]
