[HISTORY: Adopted by the Town Board of the Town of Kendall
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-2006 by L.L. No. 4-2006]
This article shall be known as "Town of Kendall Local Law No.
4 of 2006, Providing for the Appointment of Alternate Members to the
Planning Board and Zoning Board of Appeals," and shall apply to the
appointment, terms, functions and powers of alternate member appointed
to serve on the Planning Board and the Zoning Board of Appeals in
the Town of Kendall.
It is sometimes difficult to maintain a quorum on the Planning
Board and the Zoning Board of Appeals because members are ill, on
extended vacation or because they have a conflict of interest with
respect to 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 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 local law or ordinance which first established
such Planning Board or Zoning Board of Appeals.
The Planning Board of the Town of Kendall as established
by local law or ordinance, pursuant to the provisions of § 271
of the Town Law of the State of New York.
The Zoning Board of Appeals of the Town of Kendall as established
by the Town of Board by local law or ordinance, pursuant to the provisions
of § 267 of the Town Law of the State of New York.
A.Â
The Town Board of the Town of Kendall hereby enacts this article
to provide a process for appointing "alternate" members to the Planning
Board and Zoning Board of Appeals. These individuals will serve when
regular 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 for a term of five years.
C.Â
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/Zoning
Board of Appeals meeting at which the substitution is made.
D.Â
All provisions of state law relating to Planning Board/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 or 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 Town
Board pursuant to § 10 of the NYS Municipal Home Rule Law
to supersede the provisions of:
