[Adopted 2-11-2003 by L.L. No. 1-2003]
This article is enacted pursuant to the authority of Chapter
365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph
d of Subdivision 1 of § 10 of the Municipal Home Rule Law
authorizing towns to adopt a local law which amends or supersedes
any provision of the Town Law in relation to the property, affairs
or government of the Town or in relation to any of the other enumerated
subject matters in such § 10, unless there is a state legislative
restriction on such amendment or supersession.
In order to permit the Planning Board to transact business in
the event that absence or conflicts of interest preclude a full membership
of five members from considering a particular matter, it is deemed
advantageous by the Town Board of the Town of Urbana to enact a local
law superseding Town Law § 271, Subdivision 15 to provide
for the appointment of ad hoc members to the Planning Board.
Section 271, Subdivision 15 of the Town Law of New York State
is hereby amended and superseded in its application to the Town of
Urbana by adding thereto the following new subparagraphs:
A. The
Town Board of the Town of Urbana may, in any year it deems necessary,
appoint temporary ad hoc members to the Planning Board to serve as
provided in this section. The number of temporary members so appointed
pursuant to this section in any year shall not exceed three. Each
temporary member shall be appointed for a one-year term of office.
B. The
Chairman of the Planning Board shall assign the temporary members
as necessary when absence of regular members of the Board or a or
a conflict of interest of regular members of the Board would otherwise
prevent five members of the Board from considering any pending matter.
No more than two temporary members shall sit in determination on any
pending matter. The temporary members shall, so far as is reasonably
possible, be designated on a rotating basis in the manner which may
be provided in the general governing rules of the Planning Board so
that each temporary member shall be afforded a reasonably equal opportunity
to serve. Once designated to serve on a particular matter before the
Board, the temporary member shall have the same powers and duties
as regular members of the Board until the matter is concluded. Any
determination by the Board consisting of temporary members shall have
the same weight and be entitled to the same authority as the act or
deed of the regular Planning Board, and all laws, statutes and regulations
shall apply and be applied with equal force and effect.
C. All the provisions of the presently existing Urbana Town Code Chapter
16 relative to the Planning Board as well as all New York State laws relative to eligibility, vacancy in office, removal, compatibility of office and service on other boards as well as any provisions of the Town Code relating to training, continuing education, compensation and attendance shall apply to alternate Planning Board members.
[Adopted 2-11-2003 by L.L. No. 2-2003]
This article is enacted pursuant to the authority of Chapter
365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph
d of Subdivision 1 of § 10 of the Municipal Home Rule Law
authorizing towns to adopt a local law which amends or supersedes
any provision of the Town Law in relation to the property, affairs
or government of the Town or in relation to any of the other enumerated
subject matters in such § 10, unless there is a state legislative
restriction on such amendment or supersession.
In order to permit the Zoning Board of Appeals to transact business
in the event that absence or conflicts of interest preclude a full
membership of five members from considering a particular matter, it
is deemed advantageous by the Town Board of the Town of Urbana to
enact a local law superseding Town Law § 267, Subdivision
11 to provide for the appointment of ad hoc members to the Planning
Board.
Section 267, Subdivision 11 of the Town Law of New York State
is hereby amended and superseded in its application to the Town of
Urbana by adding thereto the following new subparagraphs:
A. The
Town Board of the Town of Urbana may, in any year it deems necessary,
appoint temporary ad hoc members to the Zoning Board of Appeals to
serve as provided in this section. The number of temporary members
so appointed pursuant to this section in any year shall not exceed
three. Each temporary member shall be appointed for a one-year term
of office.
B. The
Chairman of the Zoning Board of Appeals shall assign the temporary
members as necessary when absence of regular members of the Board
or a or a conflict of interest of regular members of the Board would
otherwise prevent five members of the Board from considering any pending
matter. No more than two temporary members shall sit in determination
on any pending matter. The temporary members shall, so far as is reasonably
possible, be designated on a rotating basis in the manner which may
be provided in the general governing rules of the Zoning Board of
Appeals so that each temporary member shall be afforded a reasonably
equal opportunity to serve. Once designated to serve on a particular
matter before the Board, the temporary member shall have the same
powers and duties as regular members of the Board until the matter
is concluded. Any determination by the Board consisting of temporary
members shall have the same weight and be entitled to the same authority
as the act or deed of the regular Zoning Board of Appeals, and all
laws, statutes and regulations shall apply and be applied with equal
force and effect.
C. All the provisions of the presently existing Urbana Town Code Chapter
16 relative to the Zoning Board of Appeals as well as all New York State laws relative to eligibility, vacancy in office, removal, compatibility of office and service on other boards as well as any provisions of the Town Code relating to training, continuing education, compensation and attendance shall apply to alternate Zoning Board of Appeals members.