[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:
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.
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.