[HISTORY: Adopted by the Town Board of the
Town of Liberty 1-18-2005 by L.L. No. 1-2005. Amendments noted where
applicable.]
A.
This chapter shall be known and may be cited as the
"Alternate Planning Board and Zoning Board of Appeals Members Law."
B.
This chapter shall apply to the appointment, terms,
functions and powers of alternate members appointed to serve on the
Planning Board and the Zoning Board of Appeals of the Town of Liberty.
It is sometimes difficult to maintain a quorum
on the Planning Board and the Zoning Board of Appeals because members
are ill or on extended vacation or find they have a conflict of interest
situation on a specific matter 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
would avoid such difficulties.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board to serve on the
Planning Board or the Zoning Board of Appeals when a regular member
is unable to participate on an application or matter before the respective
Board.
An individual appointed by the Town Board to serve on the
Planning Board or the Zoning Board of Appeals pursuant to the provisions
of the applicable law, local law or ordinance that established each
respective Board.
The duly constituted Planning Board of the Town of Liberty.
The duly constituted Town Board of the Town of Liberty.
The duly constituted Zoning Board of Appeals of the Town
of Liberty.
A.
This chapter is enacted to provide a process for appointing
alternate members of the Planning Board and the Zoning Board of Appeals.
These individuals would serve when members are absent or unable to
participate on an application or matter before the respective Board.
B.
Alternate members of the Planning Board and the Zoning
Board of Appeals may be appointed by the Town Board for a term of
two years, with the terms to expire on December 31 of the second year
after the date of their appointment.
C.
The Chairperson of the Planning Board or the Zoning
Board of Appeals shall designate an alternate to substitute for a
member when such member is unable to participate on an application
or matter before the Board. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the 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.
Alternate members appointed by the Town Board shall
regularly attend the scheduled meetings and/or work sessions of the
Board to which they may be designated so as to be available for designation
when required and familiar with the applications and/or matters pending
before such Board.
E.
Alternate members shall serve without compensation.
F.
All provisions of state law relating to Planning Board
or Zoning Board of Appeals member eligibility, vacancy in office,
removal, compatibility of office and service on other boards, as well
as provisions of any local law or ordinance relating to training and
continuing education, shall also apply to alternate members.
This chapter is 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, pursuant to § 10 of
the New York State Municipal Home Rule Law, to supersede the provisions
of:
