[HISTORY: Adopted by the Town Board of the
Town of Orchard Park 5-19-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
[Amended 11-5-2008 by L.L. No. 7-2008]
This chapter shall apply to the appointment,
terms, functions and powers of alternate members appointed to serve
on the Planning Board, Zoning Board of Appeals and Conservation Board
in the Town of Orchard Park.
[Amended 11-21-2001 by L.L. No. 3-2001; 4-20-2005 by L.L. No. 1-2005; 11-5-2008 by L.L. No. 7-2008]
A.
In the event that a Planning Board member is absent
for any reason, an alternate member is hereby authorized to take the
place of an absent Planning Board member.
[Amended 4-27-2011 by L.L. No. 1-2011]
B.
It is the desire of the Zoning Board of Appeals to
have a full complement of voting members at each meeting in which
action is to be taken on an application. In any instance where a voting
member of the Zoning Board of Appeals is absent, the use of an alternate
member is hereby authorized pursuant to the provisions of this chapter.
In promulgating this chapter, the Zoning Board of Appeals hopes to
keep its alternates informed and active in Town matters.
C.
In the event that a Conservation Board member is absent
for any reason, an alternate member is hereby authorized to take the
place of an absent Conservation Board member. In any instance where
a voting member of the Conservation Board is absent, the use of an
alternate member is hereby authorized pursuant to the provisions of
this chapter.
[Amended 4-1-2009 by L.L. No. 4-2009]
As used in this chapter, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board who is utilized
when a regular member is unable to participate on an application or
matter before the respective board, as provided herein.
[Amended 11-21-2001 by L.L. No. 3-2001]
The Conservation Board of the Town of Orchard Park as established
by the Town Board, pursuant to the provisions of §§ 239-x
and 239-y of the General Municipal Law.
[Added 11-5-2008 by L.L. No. 7-2008]
An individual appointed by the Town Board to serve on the
Town Planning Board, Zoning Board of Appeals or the Conservation Board,
pursuant to the provisions of the local law or ordinance which first
established such Planning Board, Zoning Board of Appeals and Conservation
Board.
[Amended 11-5-2008 by L.L. No. 7-2008]
The Planning Board of the Town of Orchard Park 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 Orchard Park as
established by the Town Board, pursuant to the provisions of § 267
of the Town Law.
[Amended 4-20-2005 by L.L. No. 1-2005; 11-5-2008 by L.L. No.
7-2008]
A.
The Town Board of the Town of Orchard Park hereby
enacts this chapter to provide a process for appointing alternate
members of the Planning Board, Zoning Board of Appeals and Conservation
Board. 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 Zoning Board of Appeals shall
be appointed by the Town Board for terms of three years, with the
terms to expire on December 31 of the third year after the date of
appointment. Alternate members of the Planning Board shall be appointed
by the Town Board for terms of one year, with the terms to expire
on December 31 of each year. Alternate members of the Conservation
Board shall be appointed by the Town Board for terms of one year,
with the terms to expire on December 31 of each year.
C.
The chairperson of the Planning Board, Zoning Board
of Appeals or Conservation Board 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, Zoning Board of Appeals meeting or
Conservation Board meeting at which the substitution is made.
D.
All provisions of state law relating to Planning Board,
Zoning Board of Appeals or Conservation Board 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.
This chapter 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:
A.
Section 271 of the Town Law relating to the appointment
of members to Town Planning Boards.
B.
Section 267 of the Town Law relating to the appointment
of members to Town Zoning Boards of Appeals.
C.
Sections 239-x and 239-y of the General Municipal
Law relating to the appointment of members to the Town Conservation
Board.
[Added 11-5-2008 by L.L. No. 7-2008]
A.
This chapter shall be deemed to supersede and repeal
any other local laws to the extent therein inconsistent herewith.
B.
If any part of this chapter shall be judicially declared
to be invalid, void, unconstitutional or unenforceable, all unaffected
provisions hereof shall survive such declaration and this chapter
shall remain in full force and effect as if the invalidated portion
had not been enacted.
C.
Nothing herein shall be deemed to be a waiver or restriction
upon any rights and powers available to the Town of Orchard Park to
further regulate the subject matter of this chapter.
