[HISTORY: Adopted by the Town Board of the Town of Waterford 4-1-2003 by L.L. No.
6-2003. Amendments noted where applicable.]
This chapter 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 Waterford.
It is sometimes difficult to maintain a quorum on the Planning
Board and the Zoning Board of Appeals because members are ill or on
extended vacation or find they have a conflict of interest situation
on a specific matter before such a 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 chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual appointed by the Town Board 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 Waterford 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 Waterford as established
by the Town Board, pursuant to the provisions of § 267 of
the Town Law.
A.
The
Town Board of the Town of Waterford hereby enacts this chapter to
provide a process for appointing "alternate" members of the Planning
Board and 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 Town Board or other duly authorized appointing authority,
for a term of three years, with the terms to expire on December 31
of the third year after the date of their appointment.
C.
The
Chairperson of the Planning Board 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 meeting,
or Zoning Board of Appeals meeting, at which the substitution is made.
D.
All
provisions of state law relating to the 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/local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
This chapter is hereby adopted pursuant to the provisions of
§ 10 of the NYS Municipal Home Rule Law and § 10
of the NYS Statute of Local Governments. It is the intent of the Town
Board, pursuant to § 10 of the NYS Municipal Home Rule Law,
to supersede the provisions of:
