[HISTORY: Adopted by the Town Board of the Town of Rosendale as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of Land — See Ch. 60.
The first Planning Board for the Town of Rosendale was appointed by
resolution of the Town Board 10-7-1964. The Planning Board exists and operates
pursuant to the provisions of Town Law, § 271 et seq., in particular,
and was amended by resolution 10-14-1964 to establish membership in said Board
of seven members. The Town Board, by a separate resolution adopted 10-7-1964,
authorized and empowered the Planning Board to exercise and control powers
over subdivisions of land for the purpose of development in the Town of Rosendale.
[Adopted 12-13-2006 by L.L. No. 7-2006]
A.
This article shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on the Planning Board in
the Town of Rosendale.
B.
In certain instances, it is difficult to establish a
quorum on the Planning Board because members have a conflict of interest on
a specific matter before the Planning Board or members are ill or on extended
vacation. In such instances, official business cannot be conducted and, therefore,
may delay or impede adherence to required time lines for property transactions
before the Planning Board. The use of alternate members in such instances
is to assure that the public is not delayed in its property transactions by
a member's conflict of interest, illness or absence for any reason and
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 Planning Board,
as provided herein.
An individual appointed by the Town Board to serve on the Planning
Board pursuant to provisions of the local law or ordinance which first established
such Planning Board.
The Board of the Town of Rosendale as established by the Town of
Rosendale Board, pursuant to the provisions of § 271 of the Town
Law.
A.
Pursuant to Municipal Home Rule Law § 10(1)(ii)(a),
the provisions of § 271 of the Town Law are hereby superseded to
provide that the Town of Rosendale is authorized to establish alternate Planning
Board member positions for purpose of substituting for a member in the event
that such member is unable to participate because of a conflict of interest
or because of illness or absence for any reason of a member. The alternate
members of the Planning Board shall be appointed by resolution of the Town
Board, for terms established by the Town Board.
B.
The Chairperson of the Planning Board may designate an
alternate member to substitute for a member when such member is unable to
participate because of a conflict of interest on an application or matter
before the Board, or for absence or illness of a member. 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 Planning Board meeting at which the substitution is made.
A.
This article 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 pursuant
to § 10 of the NYS Municipal Home Rule Law to supersede the provisions
of:
(1)
Section 271 of the Town Law relating to the appointment
of members to the Town Planning Board.
B.
This article shall be deemed to supersede and repeal
any other local laws to the extent therein inconsistent herewith.
