[HISTORY: Adopted by the Town Board of the Town of Lansing as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-17-2010 by L.L. No. 3-2010]
This article supersedes any prior Town of Lansing policy, local law, ordinance, or rule that is inconsistent herewith. This article is enacted pursuant to the authority and power granted to the Town of Lansing under and pursuant to § 267, Subdivision 11, and § 271, Subdivision 15, of the Town Law, § 10 of the Statute of Local Governments, § 10 of the Municipal Home Rule Law, and the New York State Constitution, at Article IX. To the extent inconsistent with said § 267, Subdivision 11, and § 271, Subdivision 15, of the Town Law, this article is intended to supersede, and does hereby supersede:
New York State Town Law § 271 (and other provisions of Article 16 inconsistent herewith) pertaining to alternate members of the Planning Board of the Town of Lansing, and the appointment, terms, functions, and powers of such alternate members; and
New York State Town Law § 267 (and other provisions of Article 16 inconsistent herewith) pertaining to alternate members of the Zoning Board of Appeals of the Town of Lansing, and the appointment, terms, functions, and powers of such alternate members.
It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or upon extended vacation, or find they have a conflict-of-interest situation on a specific matter before such Board. In such instances, full participation by a full Board is impeded, and sometimes 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. The Town Board of the Town of Lansing thus and 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.
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board for a term of one year in accordance with this article. Prior to appointment, the Town Board shall refer the name of the proposed alternate member, together with any application materials provided by such candidate alternate, to the Planning Board or the Zoning Board of Appeals, respectively, for review and comment. No alternate member may be appointed to the Planning Board or the Zoning Board of Appeals for more than seven terms.
The Chairperson of the Planning Board or the Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate upon an application or matter before such 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 minutes of the meeting at which the substitution is made.
All provisions of law relating to Planning Board or Zoning Board of Appeals member eligibility, vacancies in office, removal, compatibility of offices and service on other boards, as well as any provisions of any law or procedure relating to training, continuing education, compensation, and attendance, shall also apply to alternate members.
Consistent with Town Law § 271, Subdivision 13, the Planning Board shall hereafter, and within 90 days of the effective date of this article, recommend to the Town Board proposed procedural and allowable substantive rules and regulations relating to matters over which the Planning Board has jurisdiction. Thereafter, and within 90 days of submission thereof, the Town Board shall approve or disapprove of the same, with or without modifications.
The Planning Board and the Zoning Board of Appeals shall hereafter select from among their own members (but not from among any alternate members) their own Chairpersons and Vice Chairpersons. On or before the date of the annual Organizational Meeting, the Planning Board and the Zoning Board of Appeals shall notify the Town Board as to the identity of their designated respective Chairpersons and Vice Chairpersons. In the event the Planning Board or the Zoning Board of Appeals ever shall fail to so designate a Chairperson or Vice Chairperson, the Town Board shall so appoint such offices after consultation with the respective Board.
If any part or provision of this article or the application thereof to any person or circumstances is adjudged invalid by any court or tribunal of competent jurisdiction, such judgment or determination shall be confined in its operation to the part or provision or application directly involved in the controversy in which said judgment or determination shall been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances, and the Town Board of the Town of Lansing hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.