[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 3-24-2004 by L.L. No. 4-2004. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Alternate Planning Board and Zoning Board of Appeals Members
Act." This chapter shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on the Planning
Board and/or Zoning Board of Appeals in the Town of Poughkeepsie.
It is sometimes difficult to maintain a quorum
or a full Board membership on the Planning Board and/or Zoning Board
of Appeals, because the members are ill, on extended vacation or find
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 chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board to serve on the
Town Planning Board and/or Zoning Board of Appeals when a regular
member is absent or unable to participate on an application or matter
before the respective Board as provided herein.
The Planning Board of the Town of Poughkeepsie as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 271 of the Town Law.
An individual appointed by the Town Board to serve on the
Town Planning Board and/or Zoning Board of Appeals pursuant to the
provisions of the local law or ordinance which first established such
Planning Board and/or Zoning Board of Appeals.
The Zoning Board of Appeals of the Town of Poughkeepsie as
established by the Town Board by local law or ordinance, pursuant
to the provisions of § 267 of the Town Law.
A.
The Town Board of the Town of Poughkeepsie hereby
enacts this chapter to provide a process for appointing alternate
members of the Planning Board and/or Zonong Board of Appeals. These
individuals would serve when regular members are absent or unable
to participate on an application or matter before the respective Board.
B.
The Town Board may appoint up to three alternate members
for the Planning Board and up to three alternate members of the Zoning
Board of Appeals. Alternate members of the Planning Board and/or Zoning
Board of Appeals shall be appointed by the Town Board for a term of
four years.
C.
The Chairperson of the Planning Board and/or Zoning
Board of Appeals may designate an alternate member to substitute for
a regular member for any application or matter, for a period of time
such member is absent or unable to participate on an application or
matter before the Board. When so designated, the alternate member
shall possess all the powers of a regular member of the Board. Such
designation shall be entered into the official minutes of the Planning
Board and/or Zoning Board of Appeals meeting at which the substitution
is made. Such designation shall be made by seniority on a rotating
basis with seniority being determined by the date and time that the
individual was appointed by the Town Board.
D.
Any decision or determination of the Planning Board
and/or Zoning Board of Appeals which includes the vote of one or more
alternate Planning Board and/or Zoning Board of Appeals members shall
have equal force and effect as determinations made solely by a vote
of the regular members of said Planning Board and/or Zoning Board
of Appeals.
E.
All provisions of state law relating to Planning Board
and/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 and/or local ordinance relating to
training, continuing education, compensation, attendance, and Code
of Ethics shall apply to alternate Planning Board and/or Zoning Board
of Appeals members.
This chapter is hereby adopted pursuant to the
provisions of § 10 of the NYS Municipal Home Rule Law and
§ 10 of the NYS Statute of Local Governments. It is the
intent of the Town Board as a legislative body pursuant to § 10
of the NYS Municipal Home Rule Law, to supersede the provision of:
