Lake Grove Village City Zoning Code
ARTICLE XVII
Alternate Members of Planning Board and Zoning Board of Appeals
[Added 5-16-2002 by L. L. No.3-2002]
§ 175-120 Short title and applicability.
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 and Zoning Board of Appeals in the Village of Lake Grove.
§ 175-121 Declaration of policy.
It is sometimes difficult to maintain a quorum on the Planning Board and Zoning Board of Appeals, because members are ill, on extended vacation, have work-related conflicts or find they have a conflict of interest situation on a specific matter before such Board. In such instance, official business cannot be conducted which may delay or impede adherence to required timeliness. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.
§ 175-122 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Village Board of Trustees to serve on the Village Planning Board and Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
MEMBER
An individual appointed by the Village Board of Trustees to serve on the Village Planning Board or Zoning Board of Appeals pursuant to §§ 175-59 and 175-65 of the Village Code.
PLANNING BOARD
The Planning Board of the Village of Lake Grove as established by the Village Board of Trustees under Village Code § 175-59 pursuant to the provisions of the § 7-718 of Village Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Lake Grove as established by the Village Board of Trustees under § 175-59 pursuant to the provisions of § 7-712 of the Village Law.
§ 175-123 Appointment; term; powers; applicability of state law.
A.
The Lake Grove Village Board of Trustees hereby enacts this article to provide a process for appointing alternate members of the Planning Board and Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or mailer before the respective Board.
B.
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Village Board of Trustees or other duly authorized appointing authority, for a term of one year.
C.
The Chairperson of the Planning Board and Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or mailer 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 and Zoning Board of Appeals meeting at which the substitution is made.
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 provision of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
§ 175-124 Supersession of Village 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 Village Board of Trustees, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:
A.
Section 7-718 of the Village Law relating to the appointment of members of the Village Planning Boards.
B.
Section 7-7 12 of the Village Law relating to the appointment of members of the Village Zoning Boards of Appeal.
§ 175-125 Severability.
If any provisions of this article are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the local law shall remain in effect.
§ 175-126 When effective.
This article shall take effect upon the filing with the Secretary of State.