[HISTORY: Adopted by the Town Board of the Town of Niskayuna 9-14-1999
by L.L. No. 13-1999. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority of Chapter 365 of
the Laws of 1976 which added a new Subparagraph (3) to § 10, Subdivision
1d, of the Municipal Home Rule Law authorizing towns to adopt a local law
which amends any provision of the Town Law in relation to the property, affairs
or government of the Town or in relation to any of the other enumerated subject
matters in such § 10, unless there is a state legislative restriction.
This chapter is intended to supersede § 271, Subdivision 15, of
the Town Law relating to appointment of alternate members who may serve only
during times of conflict of interest.
In order to permit the Planning Board and Zoning Commission to transact
business in the event that absence or illness or conflicts of interest preclude
any of the regular members from considering a particular matter, it is deemed
advantageous by the Town Board of the Town of Niskayuna to enact a local law
to provide for the appointment of alternate members to serve on the Planning
Board and Zoning Commission.
The Town Board of the Town of Niskayuna may appoint alternate members
to the Planning Board and Zoning Commission to serve as provided in this section.
A.
The number of alternate members so appointed pursuant
to this section shall not exceed two.
B.
Alternate members shall be appointed to serve through
2001; and, on the first day of January next succeeding the second biennial
Town election held after the time of the establishment of such position, and
biennially thereafter, the Town Board shall appoint alternate members who
shall hold membership for a term of two years.
C.
The Chairman of the Planning Board and Zoning Commission
shall assign the alternate members as necessary when absence of regular members
of the Board, a conflict of interest of regular members of the Board or disability
of regular members of the Board would otherwise prevent any of the regular
members of the Board from considering any pending matter.
D.
Once designated to serve on a particular matter before
the Board, the alternate members shall have the same powers and duties as
regular members of the Board. Any determination by the Board consisting of
alternate members shall have the same weight and be entitled to the same authority
as the act or deed of the regular Planning Board and Zoning Commission, and
all laws, statutes and regulations shall apply and be applied with equal force
and effect.
E.
Alternate members may be in attendance at all meetings,
but may not participate in an official capacity in any Board activity in which
all members are in attendance and able to act.
F.
Alternate members appointed pursuant to
this section shall be paid for their respective services as fixed by resolution
of the Town Board.
