Town of Highland, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivisions — See Ch. 160.
Zoning — See Ch. 190.
[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:
A. 
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.
B. 
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.
MEMBER
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.
PLANNING BOARD
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.
ZONING BOARD OF APPEALS
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. 
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. 
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. 
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. 
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:
A. 
Section 271 of the Town Law relating to the appointment of members to the Town of Highland Planning Board; and/or
B. 
Section 267 of the Town Law relating to the appointment of members of the Town of Highland Zoning Board of Appeals.