[HISTORY: Adopted by the Town Board of the Town of Wilson
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES:
Zoning — See Ch. 127.
[Adopted 2-17-2016 by L.L. No. 1-2016]
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 in the Town of Wilson.
It is sometimes difficult to maintain a quorum on the Planning
Board and the Zoning Board of Appeals because members are ill or 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 timelines. 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 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.
The Planning Board of the Town of Wilson 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 Wilson established
by the Town Board pursuant to the provisions of § 267 of
the Town Law.
A.
The
Town Board of the Town of Wilson 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.
Alternate
members of the Planning Board and Zoning Board of Appeals shall be
appointed by the Town Board or other duly authorized appointing authority,
for a term of three years, with the terms to expire on December 31
of the third year after the date of their appointment.
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 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 meeting,
or Zoning Board of Appeals meeting, at which the substitution is made.
D.
All
provisions of state law relating to the 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 NYS Municipal
Home Rule Law, to supersede the provisions of:
A.
This
article shall be deemed to supersede and repeal any other local laws
to the extent therein inconsistent herewith.
B.
If
any part of this article shall be judicially declared to be invalid,
void, unconstitutional or unenforceable, all unaffected provisions
hereof shall survive such declaration, and this article shall remain
in full force and effect as if the invalidated portion had not been
enacted.
C.
Nothing
herein shall be deemed to be a waiver or restriction upon any rights
and powers available to the Town of Wilson to further regulate the
subject matter of this article.
