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Town of Brutus, NY
Cayuga County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Town Board of the Town of Brutus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 125.
[Adopted 4-12-1999 by L.L. No. 2-1999]
The title of this article is "Alternate Planning Board and Zoning Board of Appeals Members Act." This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board[1] or Zoning Board of Appeals in the Town of Brutus.
[1]
Editor's Note: See § 8-10 for provisions regarding alternate members of the Joint Planning Board.
It is sometimes difficult to maintain a quorum on the Planning Board / Zoning Board of Appeals, because members may find they have a conflict of interest situation on a specific matter or are unavailable for a meeting before such Board. In such instances, official business cannot be conducted which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Town Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board because of a conflict of interest or lack of a quorum, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board or Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Brutus as established by the Town Board by local law or ordinance, pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Brutus as established by the Town Board by local law or ordinance, pursuant to the provisions of § 267 of the Town Law.
A. 
The Town Board of Brutus hereby enacts this article to provide a process for appointing alternate members of the Planning Board and Zoning Boards of Appeals. These individuals would serve when members are unable to participate on an application or matter before the respective Board because of a conflict of interest or where a quorum is lacking.
B. 
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board for a term of one year.
C. 
The Chairperson of the Planning Board or 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 because of a conflict of interest or where a quorum is lacking. When so designated, the alternate member shall possess all the powers and responsibilities of such member of this 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.
D. 
All provisions of state law relating to Planning Board / Zoning Board of Appeals eligibility, vacancy in office, removal, compatibility of office and service on other Boards, as well as any provisions of local law / local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
[Amended 5-14-2001 by L.L. No. 2-2001]
This local law 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:
A. 
Section 271 of the Town Law relating to the appointment of members of Town Planning Board; and/or
B. 
Section 267 of the Town Law relating to the appointment of the Zoning Board of Appeals.
[Adopted 11-2-2009 by L.L. No. 3-2009[1]]
[1]
Editor's Note: This local law superseded former Art. II, Joint Planning Board, adopted 6-10-2002 by L.L. No. 1-2002.
This article is enacted under the authority granted pursuant to the General Municipal Law Article 5-G, Town Law and Village Law of the State of New York. The purpose of this article is to achieve consistency in local planning, reduce costs associated with local planning, and advance cooperation in governance between the Town and Village.
The creation of a Planning Board of the Town of Brutus and the Village of Weedsport is hereby authorized. Said Planning Board shall be the sole Planning Board within the Town of Brutus and the Village of Weedsport.
A. 
If any local laws or parts of local laws of the Village of Weedsport and the Town of Brutus are inconsistent with any of the provisions of this article, the terms of this article shall control.
B. 
Wherever the term "Planning Board" is used in any local laws of the Town of Brutus and the Village of Weedsport, said term shall mean the Planning Board as established by this article.
C. 
This law will supersede Local Law Number 1 of 2002 establishing a Joint Planning Board.
A. 
The Town and Village hereby establish a combined Planning Board, hereinafter referred to as the "Planning Board." Said Planning Board will handle all matters for which the individual Planning Boards of the Town and the Village or the current combined Town and Village Planning Board have heretofore acted.
B. 
The Planning Board shall have all powers as granted to or required of a planning board by the laws of the State of New York and the local laws of the Town of Brutus and the Village of Weedsport. In addition the Planning Board shall consider and render decisions pertaining to any and all matters referred to it by the Town Board of the Town of Brutus and/or the Board of Trustees of the Village of Weedsport consistent with the laws of the State of New York and the local laws of the Town of Brutus and the Village of Weedsport.
C. 
The membership composition and terms of the Planning Board shall be as follows:
(1) 
Membership. The Planning Board shall have a membership of seven persons.
(2) 
Appointment of Town and Village members. In 2009 and 2011, the Town shall appoint one person to a Joint Planning Board term of four years, commencing January 1 of the following year. In 2010 the Village shall appoint one person to a Joint Planning Board term of four years, commencing January 1 of the following year. Commencing in 2013 and in each year thereafter, except as noted in Subsection C(3) of this section, the Town and Village shall each appoint one person to a Joint Planning Board term of four years, commencing January 1 of the following year.
(3) 
Appointment of joint member. In the year 2012, and every fourth year thereafter, the Town and Village shall jointly appoint one person to a Joint Planning Board term of four years, commencing January 1 of the following year. A committee consisting of representatives of the Village and Town Boards shall interview candidates and recommend a person for appointment to the Town and Village Boards.
(4) 
Advertising for and interviewing prospective members. Should the Town Board and/or the Village Trustees choose to advertise for and interview prospective members of the Planning Board prior to making an appointment, such advertising and interviewing must be conducted at a time so as to permit the appointment to be made in conformance with Subsection C(1) and (2) above.
D. 
The Chairperson of the Planning Board shall be elected by the members of the Planning Board at its final meeting of the calendar year and that person shall so act for the next calendar year or until a successor is elected.
E. 
Board members are expected to be diligent in their attendance. Therefore, it is hereby declared that absence from four regular meetings, except due to illness, will be deemed to be sufficient cause for removal from the Planning Board.
F. 
The official office of the Planning Board shall be the Town of Brutus offices at 9021 North Seneca Street, Weedsport, New York 13166, and meetings of the Planning Board shall be held at this location or at such other locations as the Planning Board may from time to time determine.
G. 
The Planning Board shall hold a regular meeting once per month on the fourth Wednesday of the month. The Planning Board, by majority vote, or at the call of the Chairperson, may schedule such other meetings as it deems necessary and appropriate and, for good cause, may change the day of the month for its regular meeting.
H. 
All applications to be considered by the Planning Board shall be submitted to the Town Clerk of the Town of Brutus who shall collect all applicable fees, maintain and account for said fees.
I. 
The Town Board of the Town of Brutus, in consultation with the Trustees of the Village of Weedsport, shall appoint a clerk and other professional staff as it deems appropriate for the Planning Board and authorize compensation for said clerk and other staff.
J. 
The Town Board of the Town of Brutus, in consultation with the Trustees of the Village of Weedsport, shall establish fees for matters to be considered by the Planning Board.
K. 
The members of the Planning Board are encouraged to attend various training programs offered by state and county agencies concerning matters that may be considered by local planning boards. The Town will provide funds in its annual budget for such training. The Town will assume all costs incurred for approved training for those Planning Board members it appoints. The Town shall be reimbursed by the Village for those costs it incurs for approved training for those Planning Board members the Village appoints and for one half of the costs it incurs for approved training for the Planning Board member appointed jointly by both boards.
[Added 12-14-2009 by L.L. No. 4-2009[1]]
A. 
It is sometimes difficult to maintain a quorum on the Planning Board because members are ill, on extended vacation or find they have a conflict of interest on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required time limits. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.
B. 
This section is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board of the Town of Brutus and the Board of Trustees of the Village of Weedsport pursuant to § 10 of the New York Municipal Home Rule Law to supersede the provisions of §§ 267 and 271 of the New York State Town Law and §§ 7-712 and 7-718 of the New York State Village Law relating to the appointment of members.
C. 
The number of alternate members shall be four: two members appointed by the Board of Trustees of the Village of Weedsport and two members appointed by the Town Board of the Town of Brutus.
D. 
Alternate members originally appointed shall be appointed as follows: the Town Board of the Town of Brutus shall appoint two members, one each for terms of one and three years. The Board of Trustees of the Village of Weedsport shall appoint two members, one each for terms of two and four years. Upon the expiration of the terms of the original members, successors shall be appointed by the same Board as the original member, for a term of four years. Terms shall run from January 1 through December 31.
E. 
Vacancies shall be filled by the appointment of replacement members by the same Board as appointed the member leaving office, to fill the unexpired term of that member.
[1]
Editor's Note: This local law provided that its purpose is to authorize the continued appointment of alternate members to the Planning Board by correcting an omission in L.L. No. 3-2009.