This article shall apply to the terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Beekman. It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill, on extended vacation or find they have a conflict of interest in a specific matter before such Board. In such instances, the use of alternate members is hereby authorized so as to expedite the conduct of official business and avoid delaying proceedings or impeding adherence to required time lines.
[HISTORY: Adopted by the Town Board of the Town of Beekman as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-2000 by L.L. No. 3-2000[1]]
[1]
Editor's Note: This local law also stated that it shall supersede or amend § 271 of the Town Law, relating to the appointment of members to Town Planning Boards, and § 267 of the Town Law, relating to the appointment of members to Town Zoning Boards of Appeals, to the extent that they are inconsistent with this local law.
As used in this article, the following terms shall have the meanings indicated:
An individual appointed by the Town Board available for service when a regular member of the Planning Board or Zoning Board of Appeals requires a leave of absence or 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 Town Law and/or provisions of the local law or ordinance first establishing such Planning Board or Zoning Board of Appeals.
The Planning Board of the Town of Beekman 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 Beekman as established by the Town Board pursuant to the provisions of § 267 of the Town Law.
A.
The Town Board of the Town of Beekman 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 must be absent or are unable to participate on an application or matter before their respective Boards.
B.
Alternate members of the Planning Board and Zoning Board of Appeals may be appointed by the Town Board or other duly authorized appointing authority for a term of three years with their 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 member to substitute for a member when such member is absent or is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all of the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the first meeting of the Planning Board, or Zoning Board of Appeals, at which the substitution is made. Upon request of the Chairman of the Planning Board or Zoning Board of Appeals, the Town Board may designate an alternate member.
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.
[Adopted 9-6-2017 by L.L. No. 3-2017]
The State of New York has recognized the importance of training for municipal board members and requires training for members of planning boards and zoning boards of appeals pursuant to Town Law §§ 271(7-a) and 267(7-a), respectively. This article is intended to mandate training requirements similar to those required by New York Town Law. However, in the event of a conflict between the provisions of Town Law and this article, unless a different result is required, the more stringent requirements shall apply. This article shall apply to the members of both the Planning Board and the Zoning Board of Appeals of the Town of Beekman.
Each member and alternate member of the Town Planning Board and the Town Zoning Board of Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this article. Such training shall be approved by the Town Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training.
A.
To be eligible for reappointment to the same board, or appointment to a different board, such member shall have completed the training required by this article and by Town Law.
B.
The training required by this article may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the Town to do so.
C.
No decision of the Planning Board or the Zoning Board of Appeals shall be voided or declared invalid because of a failure of any member thereof to comply with this article.
D.
Absent action by the Town Board, the failure of any member to obtain the required training shall not affect that member's appointment to serve on such Board, to entertain or vote on any matter before such Board, or the validity of any vote cast by that member any matter.
E.
Non-compliance with minimum requirements relating to training as established by this article or by Town Law shall be grounds for removal of any member of the Planning Board or the Zoning Board of Appeals.
F.
The costs of training for any board member shall be subject to prior approval by the Town Board, and when approved, shall be a Town charge.
G.
The Town Board may designate in advance its approval of certain courses or providers, and such courses or providers shall be deemed approved until further action thereon is taken by the Town Board.
H.
Board members shall provide to the Town Clerk copies of any certificates of completion or other evidence of training received within 30 days of the receipt thereof or of completion of the training.