[HISTORY: Adopted by the Town Board of the Town of Minden
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 90.
[Adopted 7-26-2012 by L.L. No. 4-2012]
The Town Board of the Town of Minden recognizes that it is sometimes
difficult to maintain a quorum on the Planning Board and Zoning Board
of Appeals because members are ill, are on extended vacation or find
that 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 timeliness.
The use of alternate members in the absence of Planning Board or Zoning
Board of Appeals members is hereby authorized pursuant to the provisions
of this article.
The short title of this article is 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 or Zoning Board of Appeals
in the Town of Minden.
As used in this article, the following terms shall have the
meanings indicated:
An individual appointed by the Minden Town Board to serve
on the Planning Board or Zoning Board of Appeals of the Town of Minden
when a regular member is unable to participate on an application or
matter before the Planning Board or Zoning Board of Appeals as provided
herein.
An individual appointed by the Minden Town Board to serve
on the Planning Board or Zoning Board of Appeals of the Town of Minden
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 Minden as established by
the Town Board of the Town of Minden 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 Minden as established
by the Town Board by local law or ordinance pursuant to provisions
of § 267 of the Town Law of the State of New York.
A.
The Town Board of the Town of Minden hereby enacts this article to
provide a process for appointing alternate members of the Planning
Board and Zoning Board of Appeals. Such alternate members would serve
when members of the Planning Board or Zoning Board of Appeals 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 resolution of the Minden Town Board, for a term
of one year.
C.
The Chairperson, or the Acting Chairperson in the absence of 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 in an application or matter before the respective
Board. When so designated the alternate member shall possess all the
powers and responsibilities of a member of such 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 and/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
a local law 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 New York State Municipal Home Rule Law and § 10
of the New York State Statute of Local Governments. It is the intent
of the Town Board of the Town of Minden, pursuant to § 10
of the New York State Municipal Home Rule Law, to supersede the provisions
of § 271 of the New York State Town Law relating to the
appointment of members of the Town Planning Board and/or of § 267
of the New York State Town Law relating to the appointment of members
to the Zoning Board of Appeals.
