[HISTORY: Adopted by the Town Board of the
Town of Greenburgh as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-12-2008 by L.L. No. 1-2008]
This article is entitled "Alternate Members,
Planning Board and Zoning Board of Appeals."
The Planning Board and Zoning Board of Appeals
are composed of seven members each that review, hear and decide cases.
This number is reduced to six when a member resigns from a Board,
leaving a vacancy that may not be filled for many months. Illnesses,
scheduled vacations, absences and the possibility of a member's recusal
on an application further reduce the number of members and could affect
the quorum of four members needed to conduct official business. It
is the legislative intent of the Town Board to provide for the appointment
of an alternate member to the Planning Board and another alternate
member to the Zoning Board of Appeals as a reasonable response to
such concerns.
As used in this article, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board to serve on the
Planning Board or Zoning Board of Appeals in conformity with provisions
of §§ 271 and 267,[1] respectively, as codified and modified by local law, to
participate in all meetings of the board, with voting privileges only
when so designated by the Chairperson when a member is unable to attend
a board meeting or is recused on a specific application, or when a
member has resigned.
An individual appointed by the Town Board to the Planning
Board or Zoning Board of Appeals pursuant to Town Law to serve a seven-year
term or, when filling a vacancy, the remainder of a seven-year term.
The Planning Board of the Town of Greenburgh as established
by the Town Board of the Town of Greenburgh, by local law or ordinance,
pursuant to the provisions of § 271 of the Town Law.
The Zoning Board of Appeals of the Town of Greenburgh as
established by the Town Board of the Town of Greenburgh, by local
law or ordinance, pursuant to the provisions of § 267 of
the Town Law.
[1]
Editor's Note: See Town Law §§ 271
and 267.
A.
The Town Board of the Town of Greenburgh hereby enacts
this article to provide a process for appointing one alternate member
to the Planning Board and one alternate member to the Zoning Board
of Appeals. These individuals shall serve as voting members of the
board to which they are appointed, when so designated by the Chairperson,
when a member is absent or unable to participate on an application
or matter before the board, or when a vacancy exists on the board.
B.
An alternate member of the Planning Board and Zoning
Board of Appeals shall be appointed by the Town Board for a term of
one year, renewable annually.
C.
Alternate members shall be allowed to fully participate
in all meetings of the board, as members do, but cannot vote until
designated to do so by the Chairperson.
D.
The Chairpersons of the Planning Board and Zoning
Board of Appeals may designate an alternate member to substitute for
a member when such member is absent or unable to participate on an
application or matter before the board. The Chairperson may also designate
the alternate member when a vacancy exists on the board. When so designated,
the alternate member shall have the same voting privileges as members
of the board. Such designation of voting privileges shall be entered
into the minutes of the initial Planning Board or Zoning Board of
Appeals meeting at which the substitution is made.
E.
All provisions of state law relating to Planning Board
and 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 or ordinance relating to training,
continuing education, compensation and attendance, shall also apply
to alternate members.
