[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.
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:
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.
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.
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.
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:
[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.
