[HISTORY: Adopted by the Town Board of the Town of Walworth
as indicated in article histories. Amendments noted where applicable.]
[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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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:
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.
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.
The Planning Board of the Town of Walworth as established
by the Town Board, pursuant to the provisions of § 271 of
the Town Law.
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:
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.
