[HISTORY: Adopted by the Town Board of the Town of Coxsackie
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-2008 by L.L. No. 9-2008]
This article shall be known and may be cited as 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 or Zoning Board of
Appeals in the Town of Coxsackie.
It is sometimes difficult to maintain a quorum on the Planning
Board 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 Town Board to serve on the
Town Planning Board or the Town 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 the Town Zoning Board of Appeals pursuant to
the provisions of the law or ordinance which first established such
Planning Board/Zoning Board of Appeals.
The Planning Board of the Town of Coxsackie as established
by the Town Board by local law or ordinance pursuant to the provisions
of § 271 of the Town Law.
The Zoning Board of Appeals of the Town of Coxsackie as established
by the Town Board by local law or ordinance pursuant to the provisions
of § 267 of the Town Law.
A.
The Town of Coxsackie hereby enacts this article to provide a process
for appointing alternate members of Planning Board 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 or Zoning Board of Appeals
shall be appointed by the Coxsackie Town Board or other duly authorized
appointing authority for a term of five years.
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 or
Zoning Board of Appeals meeting at which the substitution is made.
D.
All provisions of state law relating to 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 article 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 Coxsackie
Town Board, pursuant to § 10 of the NYS Municipal Home Rule
Law, to supersede the provisions of:
