[HISTORY: Adopted by the Town Board of the Town of Brant as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-12-1998 by L.L. No. 3-1998]
This article shall be known as a "Local Law Designating the Appointment
of Alternate Members to the Town of Brant Board of Appeals."
This article is enacted pursuant to Article 2 of the Municipal Home
Rule Law and § 267, Subdivision 2, of the Town Law and is intended
to amend, by way of supplementation only, the aforementioned sections of the
Town Law and Chapter 161, Zoning, Article X, Board of Appeals, of the Code
of the Town of Brant.
The Town Board of the Town of Brant, Erie County, New York, hereby designates
that, in addition to the five regular members of the Town Board of Appeals,
one alternate member shall be appointed to serve on the Town of Brant Board
of Appeals. An alternate member shall be appointed by resolution of the Town
Board, and the term of office shall be for one year. The Town Board may provide
for compensation to be paid to said alternate.
As with regular members, the alternate members shall hold no elective
office in the Town of Brant nor be permitted to act on any matter in which
he or she has either directly or indirectly any personal or financial interest.
All provisions of the Town of Brant Code of Ethics[1] shall be adhered to by alternate members.
The alternate member may participate in discussion of the proceedings
of the Board of Appeals but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. No more than five votes shall be
cast for any matter. Once designated to serve on a particular matter before
the Board, the temporary member shall have the same powers and duties as regular
members of the Board until the matter is concluded. Any determination by the
Board consisting with seated alternate members shall have the same weight
and be entitled to the same authority as the acts or deeds of the regular
Board, and all laws, statutes and regulations shall apply and be applied with
equal force and effect.
The foregoing provisions shall, where applicable, specifically amend
and supplement § 267 of the Town Law of the State of New York and
§ 161-50 (Article X) of the Code of the Town of Brant. Where not
so amended, § 267 shall remain in full force and effect.
