[HISTORY: Adopted by the Town Board of the Town of Canandaigua as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-2012 by L.L. No. 2-2012]
Alternate Zoning Board of Appeals Member Act. This article shall apply to the appointment, term, function and/or power of any alternate member appointed to serve on the Zoning Board of Appeals in the Town of Canandaigua.
It is sometimes difficult to maintain a quorum on the Zoning Board of Appeals for a variety of reasons, including illness, or vacation, employment, or conflicts of interest, among others. In such instances, official business cannot be conducted which may delay and/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:
- ALTERNATE MEMBER
- An individual appointed by the Town Board to serve on the Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the Board, as provided herein.
- An individual appointed by the Town Board to serve on the Zoning Board of Appeals.
- ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Town of Canandaigua as established by the Town Board pursuant to the provisions of § 267 of the Town Law.
The Town Board of the Town of Canandaigua hereby enacts this article to provide a process for appointing "alternate" members to its Zoning Board of Appeals, as needed from time to time. These individuals would serve when members are absent or unable to participate on an application or matter before the Board.
Alternate members of the Zoning Board of Appeals shall be appointed by the Town Board for a term of two years.
The chairperson of the Zoning Board of Appeals may designate an alternate to substitute for a member on the Board 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 for such member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made.
All provisions of state law relating to Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and/or service on other boards, as well as any provision of any local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members, except that alternate members shall be compensated pro rata based solely on the actual time the alternate member serves as a voting member.
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:
Section 267 of the Town Law relating to the appointment of members to a Town Zoning Board of Appeals.