[HISTORY: Adopted by the Town Board of the Town of Lloyd as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-2010 by Ord. No. 8-2010]
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 Lloyd. This article shall also apply to the attendance records of Planning Board and Zoning Board of Appeals members in the Town of Lloyd.
It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or on extended vacation or find they have a conflict of interest situation on a specific matter before such a 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. Establishment of an attendance policy for Planning Board members and Zoning Board of Appeals members can decrease the problem of failure of the Board to act because of a lack of majority.
As used in this article, the following terms shall have the meanings indicated:
- ALTERNATE MEMBER
- An individual appointed by the Town Board 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 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.
- PLANNING BOARD
- The Planning Board of the Town of Lloyd as established by the Town Board, pursuant to the provisions of § 271 of Town Law.
- ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Town of Lloyd as established by the Town Board, pursuant to the provisions of § 267 of the Town Law.
The Town Board of the Town of Lloyd hereby enacts this article to provide a process for appointing alternate members of the Planning Board or the 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. The Town Board also enacts this article to provide attendance criteria for Planning Board and Zoning Board of Appeals members.
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 a term of three years, with the terms to expire on December 31 of the third year after the date of their appointment.
The chairperson of the Planning Board or the Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable or unwilling to participate on an application or matter before the board. Reasons the member might not be able to serve and thus designation of the alternate to serve in his or her stead could include, but are not limited to, conflicts of interest, appearances of impropriety, illness, vacation (short term or extended), work commitments, family obligations. 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 meeting or Zoning Board of Appeals meeting during which the substitution is made.
All Planning Board members and Zoning Board of Appeals members regularly appointed by the Town Board shall attend a minimum of 75% of all meetings unless excused for valid reasons by the Chairperson. Failure to attend such 75% of all meetings shall subject that member to the Town Board's discretion in continuing membership on the Board or reappointing the member. To remove a member for failure to attend, the Town Board must have a positive vote of four members in favor of the removal. The same criteria shall be utilized for alternate members of the Boards. An alternate member must attend at least 75% of meetings to which he or she has been designated to sit on the Board due to absence or inability to vote of a regular Board member and is subject to removal in the same manner as a regular Board member.
All provisions of state law relating to the Planning Board or the 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 alternate members.
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 Board, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of:
This article shall be deemed to supersede and repeal any other local laws, ordinances or resolutions to the extent therein inconsistent herewith.
If any part of the article shall be judicially declared to be invalid, void, unconstitutional or unenforceable, all unaffected provisions hereof shall survive such declaration, and this article shall remain in full force and effect as if the invalidated portion had not been enacted.
Nothing herein shall be deemed to be a waiver or restriction upon any rights and powers available to the Town of Lloyd to further regulate the subject matter of this article.