[HISTORY: Adopted by the Town Board of the Town of Porter
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-14-2005 by L.L. No. 1-2005]
Alternate Planning Board and Zoning Board of Appeals Members
Act. This chapter shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on the Planning
Board/Zoning Board of Appeals in the Town of Porter.
It is sometimes difficult to maintain a quorum on the Planning
Board/Zoning Board of Appeals, because members may find they have
a conflict of interest situation on a specific matter or are unavailable
for a meeting 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 chapter.
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 because of a conflict of interest or where there
is a lack of a quorum, as provided herein.[1]
An individual appointed by the Town Board to serve on the
Town Planning Board or the Zoning Board of Appeals pursuant to the
provisions of the local law or ordinance which first established such
Planning Board/Zoning Board of Appeals.
The Planning Board of the Town of Porter as established by
the Town Board by local law or ordinance, pursuant to the provisions
of § 271 of the Town Law.
The Zoning Board of Appeals of the Town of Porter as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 267 of the Town Law.
A.
The Town Board of Porter hereby enacts this chapter to provide a
process for appointing "alternate" members of planning boards/zoning
boards of appeals. These individuals would serve when members are
unable to participate on an application or matter before the respective
board because of a conflict of interest or where a quorum is lacking.
B.
Alternate members of the Planning Board/Zoning Board of Appeals shall
be appointed by the Town Board for a term of three years.
C.
The chairperson of the Planning Board/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
because of a conflict of interest or where a quorum is lacking. When
so designated, the alternate member shall possess all the powers and
responsibilities of such member of this 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.
All provisions of state law relating to Planning Board/Zoning Board
of Appeals eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
local law/local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.