Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Walworth as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land; site plan review — See Ch. 151.
Zoning — See Ch. 180.
[Adopted 1-17-2013 by L.L. No. 1-2013]
This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals.
A. 
It is the desire of the Planning Board and Zoning Board of Appeals to have a full complement of voting members at each meeting in which action is to be taken on an application. In any instance where a voting member of the Planning Board or Zoning Board of Appeals is absent or unable to participate on an application or matter before the Board for any reason, the use of an alternate member is hereby authorized pursuant to the provisions of this article. In promulgating this article, the Planning Board and Zoning Board of Appeals hope to keep their alternates informed and active in Town matters.
B. 
In the event that a Planning Board or Zoning Board of Appeals member is absent or unable to participate on an application or matter before the Board for any reason, an alternate member is hereby authorized to take the place of an absent Planning Board or Zoning Board of Appeals member. In any instance where a voting member of the Planning Board or Zoning Board of Appeals member is absent, the use of an alternate member is hereby authorized pursuant to the provisions of this article. In promulgating this article, the Planning Board and Zoning Board of Appeals hope to keep their alternates informed and active in Town matters.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board who is utilized when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
MEMBER
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 Walworth as established by the Town Board, pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Walworth as established by the Town Board, pursuant to the provisions of § 267 of the Town Law.
A. 
The Town Board of the Town of Walworth hereby enacts this article to provide a process for appointing alternate members of the Planning Board or 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 Zoning Board of Appeals shall be appointed by the Town Board for terms of one year, with the terms to expire on December 31 of each year. Alternate members of the Planning Board shall be appointed by the Town Board for terms of one year, with the terms to expire on December 31 of each year.
C. 
The Chairperson of the Planning Board or Zoning Board of Appeals may designate an alternate to substitute for a member when such member is absent or unable to participate on an application or matter before the Board for any reason. 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 at which the substitution is made. The alternate member shall attend all meetings of the Board while the matter is on an agenda and until a decision on the application is determined.
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 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 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, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:
A. 
Section 271 of the Town Law relating to the appointment of members to Town Planning Boards.
B. 
Section 267 of the Town Law relating to the appointment of members to Town Zoning Boards of Appeals.
If any provisions of this article are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the article shall remain in effect.
This article shall take effect immediately after adoption by the Town Board of the Town of Walworth.