[HISTORY: Adopted by the Town Board of the Town of Clifton Park 6-20-1994 by L.L. No. 6-1994. Amendments noted where applicable.]
The Clifton Park Town Board recognizes the importance to the community of the Town Planning Board and Zoning Board of Appeals. These Boards provide an invaluable service to the residents of the Town of Clifton Park through the regulation of planning and zoning requirements town-wide.
Pursuant to §§ 267 and 271 of the New York State Town Law, any member of the Zoning Board of Appeals or Planning Board may be removed from his or her position on said Board for failure to comply with minimum attendance requirements as may be established by the Town Board pursuant to local law.
Any member of the Planning Board or Zoning Board of Appeals absent from three consecutive meetings or eight meetings in a calendar year, regardless of sequence, may be removed by the Town Board from his or her respective Board.
The Chairman of the Planning Board and Zoning Board of Appeals shall immediately notify the Town Supervisor if any member of their respective Board shall miss three consecutive meetings and/or eight meetings in any calendar year. The Town Board, after reviewing the information submitted by the Chairman of either Board, may, by resolution, remove that member from the Planning Board or Zoning Board of Appeals.
[Added 10-3-2005 by L.L. No. 8-2005]
Short title and applicability. This section shall be incorporated in the Town Code as § 65-4 and shall be titled "Alternate Planning Board and Zoning Board of Appeals Members." This section shall apply to the appointment, terms, functions and powers of an alternate member appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Clifton Park.
Declaration of policy. On rare occasions it is sometimes difficult to maintain a quorum on the Planning Board and Zoning Board of Appeals because 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. Also, it is essential to have trained members with up-to-date knowledge of what has been or will be discussed by each Board, thereby making available experienced alternates to fill future appointments as needed. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
The Town Board of the Town of Clifton Park hereby enacts this section to provide a process for appointing alternate members to its Planning Board and 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.
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board, or other duly authorized appointing authority, for a term of one year.
The Chairperson of the Planning Board and Zoning Board of Appeals 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 or Zoning Board of Appeals meeting at which the substitution is made.
All provisions of state law relating to planning board/zoning board of appeals member eligibility, vacancy in office, removal, conflict of interest, compatibility of office and service on other boards, as well as any provisions of a local law or local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
Supersedure of NYS Town Law. This section is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of: