[Adopted 3-10-2004 by L.L. No. 1-2004]
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 Sardinia.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
At times it is difficult to maintain a quorum on the Planning
Board and the Zoning Board of Appeals because members are ill, on
extended vacation, find they have a conflict of interest on a specific
matter before the Board or are otherwise unavailable. 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 instance
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 that first established such Planning
Board or Zoning Board of Appeals.
The Planning Board of the Town of Sardinia 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 Sardinia as established
by the Town Board pursuant to the provisions of § 267 of
the Town Law.
A.
The Town Board of the Town of Sardinia 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 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 stated 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/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 New York State
Municipal Home Rule Law, to supersede the provisions of:
