[Added 3-7-2024 by L.L. No. 1-2024]
It is sometimes difficult to maintain a quorum on the Town Planning
Board and Zoning Board of Appeals because members are ill, on extended
vacation, have an unavoidable absence, or find that 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.
For the purpose of the article the following words and phrases
shall have the meaning ascribed to them in this article:
An individual appointed by the Town Board to serve when a
member is unable to participate in a matter before the respective
board, as provided herein.
An individual appointed by the Town Board to serve on the
Town Planning Board or the Zoning Board of Appeals pursuant to provisions
of the local law or ordinance which first established such board.
The Planning Board of the Town of Henrietta, established
by the Town Board pursuant to the provisions of § 271 of
the Town Law.
The Zoning Board of Appeals of the Town of Henrietta, established
by the Town Board pursuant to provisions of § 267 of the
Town Law.
A.
The Town
Board of the Town of Henrietta hereby enacts this article to provide
a process for appointing "alternate" members of the Planning Board
and the 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.
The Town
Board or other duly authorized appointing authority shall appoint
alternate members for a term of three years, which term shall end
on December 31 of the third year after the date of their appointment.
C.
The chairpersons
of the Planning Board and the Zoning Board of Appeals may designate
an alternate to substitute for a member when such member is unable
to participate in an application or matter before the board. When
so designated, the alternate member shall have the same powers and
responsibilities of such member of the board.
D.
All provisions
of state law relating to Planning Board and 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 relating to training 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 any inconsistencies between
this article and § 271 of the Town Law relating to the appointment
of alternate members to the Town Planning Boards and § 267
of Town Law relating to the appointment of alternate members to Town
Zoning Board of Appeals.
