[HISTORY: Adopted by the Town Board of the Town of Highland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-2006 by L.L. No. 8-2006]
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 and Zoning Board
of Appeals in the Town of Highland.
It is sometimes difficult to maintain a quorum on the Planning
Board and Zoning Board of Appeals because members are ill, on extended
vacations 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
timelines. 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 when a regular member is unable to participate on an
application or matter before the Planning Board, as provided herein.
An individual appointed by the Town Board to serve on the Town
Zoning Board of Appeals (ZBA) when a regular member is unable to participate
on an application or matter before the ZBA, as provided herein.
An individual appointed by the Town Board to serve on the
Town Planning Board and the Zoning Board of Appeals pursuant to the
provisions of the local law or ordinance which first established such
Planning Board and Zoning Board of Appeals.
The Planning Board of the Town of Highland as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 27 of the Town Law.
The Zoning Board of Appeals of the Town of Highland as established
by the Town Board by local law, pursuant to § 267 of the
Town Law.
A.Â
The Town Board of the Town of Highland hereby enacts this article
to provide a process for appointing alternate members to its Planning
Board and to appoint alternate members to its 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.Â
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 terms of five years.
C.Â
The Chairperson of the Planning Board and 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 be entered into the
minutes of the initial Planning Board and Zoning Board of Appeals
meeting at which the substitution is made.
D.Â
All provisions of state law relating to planning board and 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 alternates.
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 Town of
Highland Town Board, pursuant to § 10 of the Municipal Home
Rule Law, to supersede the provisions of:
