Town of Berne, NY Alternate Board Members

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 Zoning Board of Appeals.

MEMBER

An individual appointed by the Town Board to serve on the Zoning Board of Appeals pursuant to the provisions of the applicable law, local law or ordinance that established the Zoning Board of Appeals.[1]

TOWN BOARD

The duly constituted Town Board of the Town of Berne.

ZONING BOARD OF APPEALS

The duly constituted Zoning Board of Appeals of the Town of Berne.

[1]

Editor's Note: See Ch. 190, Zoning, Art. IX, Zoning Board of Appeals.

§ 3-2 Purpose; appointment, designation and term of office.

This article is enacted to provide a process for appointing alternate members of the Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the Zoning Board of Appeals.

Alternate members of the Zoning Board of Appeals may be appointed by the Town Board for a term of two years, with the terms to expire on December 31 of the second year after the date of their appointment.

The Chair of the Zoning Board of Appeals shall designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Zoning Board of Appeals. 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 Zoning Board of Appeals meeting at which the substitution is made.

Alternate members appointed by the Town Board shall regularly attend the scheduled meetings and/or work sessions of the Zoning Board of Appeals so as to be available for designation when required and familiar with the applications and/or matters pending before the Zoning Board of Appeals.

Alternate members shall serve without compensation.

All provisions of state law relating to Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as provisions of any local law or ordinance relating to training and continuing education, shall also apply to alternate members.

Article II Planning Board

[Adopted 5-8-2013 by L.L. No. 5-2013]

§ 3-3 Title.

This article shall be known as the "Alternate Planning Board Members Law" and shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board of the Town of Berne.

§ 3-4 Findings.

Members of the Town Planning Board may have a conflict of interest on a specific matter before such Board which necessitates their recusal from the deliberations of the Town Planning Board relevant to the matter, making it difficult to maintain a quorum for purposes of the Planning Board's ongoing consideration of the matter, and the lack of a quorum of members may prevent official business from being conducted and may delay or impede adherence to required timelines. The use of alternate members in such instances would avoid such difficulties.

§ 3-5 Definitions.

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 Town Planning Board when a regular member is unable to participate on an application or matter before the Planning Board because of a conflict of interest.

MEMBER

An individual appointed by the Town Board to serve on the Town Planning Board pursuant to the provisions of the applicable law, local law or ordinance that established the Planning Board.

PLANNING BOARD

The duly constituted Planning Board of the Town of Berne.

TOWN BOARD

The duly constituted Town Board of the Town of Berne.

§ 3-6 Purpose; appointment, designation and term of office.

This article is enacted to authorize a process for appointing alternate members of the Planning Board to serve when a member or members are unable to participate on an application or matter before the Planning Board due to a conflict of interest.

Alternate members of the Planning Board may be appointed by the Town Board by resolution for a term of two years, with the terms to expire on December 31 of the second year after the date of their appointment.

The Chair of the Planning Board shall designate an alternate member to substitute for a member when such member is unable to participate on a specific application or matter before the Planning Board due to a conflict of interest. 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 at which the substitution is made.

Alternate members appointed by the Town Board shall attend the scheduled meetings and/or work sessions of the Planning Board relevant to the specific application or matter before the Planning Board for which they have been designated in order to be familiar with the application and/or matter pending before the Planning Board for which the alternate member has been designated.

Alternate members shall serve without compensation.

All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as provisions of any local law or ordinance relating to training and continuing education, shall also apply to alternate members.

§ 3-7 Legislative authority; severability.

This article is adopted pursuant to the provisions of § 271 of the New York State Town Law. If any section or part of this article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section of this article.