Fishkill Village City Zoning Code
ARTICLE XIX
Alternate Members of Planning Board and Zoning Board of Appeals
[Added 11-5-2008 by L.L. No. 8-2008]
§ 171-175 Short title; applicability.
The short title of this article shall be the "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 and Zoning Board of Appeals in the Village of Fishkill.
§ 171-176 Declaration of policy.
It is sometimes difficult to maintain a quorum on the Planning Board and/or Zoning Board of Appeals because members are ill, 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 time lines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.
§ 171-177 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An individual appointed by the Village Board to serve on the Village Planning Board or the Village Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective board, as provided herein.
An individual appointed by the Village Board to serve on the Village Planning Board or the Village Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board/Zoning Board of Appeals.
The Planning Board of the Village of Fishkill as established by the Village Board of Trustees by local law or ordinance, pursuant to the provisions of § 7-718 of the Village Law.
The Zoning Board of Appeals of the Village of Fishkill as established by the Village Board of Trustees by local law or ordinance, pursuant to the provisions of § 7-712 of the Village Law.
§ 171-178 Authorization; effect.
The Village Board of Trustees of Fishkill hereby enacts this article to provide a process for appointing "alternate" members to the Planning Board and/or 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.
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Village Mayor or other duly authorized appointing authority, for a term of one year.
The Chairperson of the Planning Board and/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. 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.
All provisions of state law relating to Planning Board and/or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education and attendance, shall also apply to alternate members.
§ 171-179 Supersedure of Village Law.
This article is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Village Board of Trustees pursuant to § 10 of the Municipal Home Rule Law to supersede the provisions of: