[HISTORY: Adopted by the Town Board of the
Town of Wales as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-13-2000 by L.L. No. 4-2000]
It is sometimes difficult to maintain a quorum
on the Planning Board and Zoning Board of Appeals because members
are ill, on extended vacation or find 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 time lines. 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:
An individual appointed by the Town Board to serve on the
Town Planning Board or Town Zoning Board of Appeals 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 Town 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 Wales as established by
the Town Board by local law, pursuant to the provisions of § 271
of the Town Law.
The Zoning Board of Appeals of the Town of Wales as established
by the Town Board by Local Law pursuant to the provisions of § 267
of the Town Law.
A.Â
The Town Board of the Town of Wales hereby enacts
this article to provide a process for appointing "alternate members"
of the Planning Board and 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.Â
Alternate members of the Planning Board and Zoning
Board of Appeals shall be appointed by resolution of the Town Board
for terms established by the Town Board.
C.Â
The Chairperson of the Planning Board and Zoning Board
of Appeals may designate an alternate to substitute for a member 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 of such member of the Board. Such
designation shall be entered into the minutes of the initial Planning
Board and Zoning Board of Appeals meeting at which the substitution
is made.
D.Â
All provisions of state law relating to Planning Board
and 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 or 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 and § 10 of the New York State Statute of Local Governments.
It is the intent of the Town Board pursuant to § 20 of the
New York State Municipal Home Rule Law to supersede the provisions
of:
[Adopted 12-29-2009 by L.L. No. 2-2009]
The membership of the Town of Wales Planning Board shall be
decreased from seven members to five members, to take effect upon
the next two expirations of terms. No incumbent shall be removed from
office except upon the expiration of his or her term, except as provided
by § 271 of the New York Town Law.
