[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:
ALTERNATE MEMBER
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.
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.