This article 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 of the Town of Sodus, Wayne County, New York.
[HISTORY: Adopted by the Town Board of the Town of Sodus as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-2002 by L.L. No. 1-2002]
It is sometimes difficult to maintain a quorum on the Town Planning Board and the Zoning Board of Appeals because members are ill or on extended vacation or discover that they have a conflict of interest on a specific matter before the respective Board. In such instances, official business cannot be conducted which may delay or impede adherence to required deadlines or adversely affect the timely review of pending applications. 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 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.
An individual appointed by the Town Board to serve on the Town 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 Planning Board of the Town of Sodus 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 Sodus as established by the Town Board pursuant to the provisions of § 267 of the Town Law.
A.
The Town Board of the Town of Sodus hereby amends its Town Code and enacts this article to provide a process for appointing alternate members to the Town Planning Board and to the 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 Town Planning Board and Zoning Board of Appeals shall be appointed by the Town Board for terms of three years, with the terms to expire on December 31 of the third year following the year of appointment.
C.
The Chairpersons of the Town Planning Board and Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate on an application or matter before the respective board. When so designated, the alternate member shall possess all of the powers and responsibilities of such replaced member. Such designation shall be entered into the minutes of the initial Planning Board meeting and/or the initial Zoning Board of Appeals meeting at which the substitution is made.
D.
All provisions of state law relating to town planning board 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 or ordinance relating to training, continuing education, compensation and attendance at meetings, shall also apply to alternate members.
This article is adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law with the intent to supersede the provisions of § 271 of the Town Law relating to the appointment of members to town planning boards and with the intent to supersede the provisions of § 267 of the Town Law relating to the appointment of members to town zoning boards of appeals.
A.
This article shall be deemed to supersede and repeal any other local laws or ordinances of the Town of Sodus to the extent that such regulations are inconsistent herewith.
B.
No provision of this article shall be deemed to be a waiver or restriction upon any rights and powers available to the Town of Sodus to further regulate the subject matter of this article.
[Adopted 3-13-2013 by L.L. No. 2-2013]
The term of appointment for Planning Board members is two years, and the term of appointment for alternate members of the Planning Board and Zoning Board of Appeals is one year, thereby amending and superseding Town Law § 271.
[Added 1-10-2023 by L.L. No. 1-2023]
The number of members of the Planning Board is reduced from seven to five. In accordance with Town Law § 271, Subdivision 7, the reduction is to take effect upon the next two expirations of terms of the current Planning Board members after the date of enactment of this article. Subsequent to the members of the Planning Board first appointed, their successor(s) shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office.