[HISTORY: Adopted by the Town Board of the Town of Johnstown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-2010 by L.L. No. 2-2010]
A.
The short title of this article is the "Alternate Planning Board
and Zoning Board of Appeals Members Act."
B.
This article shall apply to the appointment, terms, functions and
powers of alternate members appointed to serve on the Planning Board
and the Zoning Board of Appeals in the Town of Johnstown.
It is sometimes difficult to maintain a quorum on the Planning
Board and/or the 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 chapter or ordinance which first established
such Planning Board or Zoning Board of Appeals.
The Planning Board of the Town of Johnstown as established
by the Town Board pursuant to the provisions of § 271 of
the Town Law.
The Zoning Board of Appeals of the Town of Johnstown as established
by the Town Board pursuant to the provisions of § 267 of
the Town Law.
A.
The Town Board of the Town of Johnstown hereby enacts this article
to provide a process for appointing alternate members to its Planning
Board and 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 for terms of three years. All
terms shall expire on December 31 in the third year after the appointment.
C.
The respective chairperson of the Planning Board and the 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
the Town Code relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
