Henrietta City Zoning Code
ARTICLE XVII
Alternate Members of the Planning Board and Zoning Board of Appeals
[Added 3-7-2024 by L.L. No. 1-2024]
§ 295-76 Title; applicability.
A.
The title of this article is Appointment of Planning Board and Zoning Board of Appeals Alternate Members.
B.
This article shall apply to the appointment, terms, functions, and powers of alternate members.
§ 295-77 Declaration of Policy
It is sometimes difficult to maintain a quorum on the Town Planning Board and Zoning Board of Appeals because members are ill, on extended vacation, have an unavoidable absence, or find that 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 is hereby authorized pursuant to the provisions of this article.
§ 295-78 Definitions.
For the purpose of the article the following words and phrases shall have the meaning ascribed to them in this article:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve when a member is unable to participate in a matter before the respective board, 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 provisions of the local law or ordinance which first established such board.
PLANNING BOARD
The Planning Board of the Town of Henrietta, established by the Town Board pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Henrietta, established by the Town Board pursuant to provisions of § 267 of the Town Law.
§ 295-79 Authorization; effect.
A.
The Town Board of the Town of Henrietta hereby enacts this article 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.
The Town Board or other duly authorized appointing authority shall appoint alternate members for a term of three years, which term shall end on December 31 of the third year after the date of their appointment.
C.
The chairpersons of the Planning Board and the Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate in an application or matter before the board. When so designated, the alternate member shall have the same powers and responsibilities of such member of the board.
D.
All provisions of state law relating to Planning Board and 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 relating to training shall also apply to alternate members.
§ 295-80 Supersession of Town Law.
This article 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, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede any inconsistencies between this article and § 271 of the Town Law relating to the appointment of alternate members to the Town Planning Boards and § 267 of Town Law relating to the appointment of alternate members to Town Zoning Board of Appeals.