Mamaroneck City Zoning Code
ARTICLE XV
Planning Board
§ 240-95 Powers of Planning Board; procedures regarding alternate members.
[Added 11-5-2003 by L.L. No. 20-2003; amended 5-4-2005 by L.L. No. 7-2005]
A.
Supersession.
[Amended 4-7-2021 by L.L. No. 6-2021]
(1)
Portions of § 271, Subdivision 15, of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 271, Subdivision 15, of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck.
"Section 271 15. Alternate members. (a) A town board may, by local law or ordinance, or as a part of the local law or ordinance, or as part of the local law or ordinance creating the planning board, establish alternate planning board member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the planning board shall be appointed by resolution of the town board, for terms established by the town board. | |
(b) The chairperson of the planning board [may] shall designate [an] the alternate member to substitute for a regular member when such member is absent or is unable to participate because of a conflict of interest [on] with respect to a[n application or] matter before the board. The town board shall establish the procedure for making that designation. When [so designated, the] an alternate member sits in the place of a regular member, the alternate member shall possess all the powers and responsibilities of such regular member of the board. Such designation shall be entered into the minutes of the [initial] planning board meeting at which the substitution is made. | |
(c) All provisions of this section relating to planning board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members." |
(2)
Portions of § 271, Subdivision 7-a, of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 271, Subdivision 7-a, of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck.
"Section 271 7-a. Training and attendance requirements. (a) Each member of the planning board who has not served on the board of appeals or the planning board for at least 60 months shall complete, at a minimum, four hours of training each year [designed to enable such members to more effectively carry out their duties]. Each member of the planning board who has served on the board of appeals or the planning board for at least 61 months shall complete, at a minimum, two hours of training each year. Such training must be in areas designed to enable such members to more effectively carry out their duties. [Training received by a member in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision.] Such training shall be approved by the town board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training." |
(3)
On a regular basis during the course of the year, members of the Planning Board shall provide the Town Clerk with copies of the certifications of attendance received by them from providers of training, or such other proof as may be available that indicates the type of training the members have received during the year. On or about October 1 of each year, the Town Clerk shall send a notice to each member of the Planning Board showing the number of hours of training that such member has reported for that year and the number of hours of training, if any, that such member must complete before December 31 of that year.
(4)
On or about December 1 of each year, the Town Clerk shall submit to the Town Board a list of the names of each member of Planning Board and the number of hours of training for that year that each member has reported to the Town Clerk.
B.
Supersession. Portions of § 271(15) of the New York Town Law hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 271(15) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck.
"Section 271 15. Alternate members. a. A town board may, by local law or ordinance, or as part of the local law or ordinance creating the planning board, establish alternate planning board member positions for purposes of substituting for a regular member in the event such member is absent or is unable to participate because of a conflict of interest. Alternate members of the planning board shall be appointed by resolution of the town board, for terms established by the town board. | |
b. The chairperson of the planning board [may] shall designate [an] the alternate member to substitute for a regular member when such member is absent or is unable to participate because of a conflict of interest [on] with respect to a[n application or] matter before the board. The town board shall establish the procedure for making that designation. When [so designated the] an alternate member sits in place of a regular member, the alternate member shall possess all the powers and responsibilities of such regular member of the board. Such designation shall be entered into the minutes of the [initial] planning board meeting at which the substitution is made. | |
c. All provisions of this section relating to planning board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members." |
C.
Procedures. The Planning Board shall have the power to adopt from time to time such rules and procedure not inconsistent with law, as may be necessary to exercise the authority granted to it.
D.
Procedures regarding alternate members.
(1)
An alternate member shall substitute for a regular member of the Planning Board who is absent or is unable to participate in a matter due to a conflict of interest. If the number of alternate members exceeds the number of regular members who either are absent or have a conflict of interest with respect to a particular matter, the Chairperson of the Planning Board shall designate the alternate member who will substitute for the absent regular member or the regular member with the conflict of interest. If the Chairperson is absent or is the member with the conflict of interest, the longest-tenured regular member of the Planning Board shall make this designation.
(2)
If an alternate member participates in a matter before the Planning Board, the alternate member shall possess all the powers and responsibilities of the regular member whom the alternate member shall have replaced. If an alternate member participates in a matter due to the absence of a regular member, and, at a subsequent meeting at which that same matter is heard, the regular member for whom the alternate member substituted is present, the regular member shall resume the position as a regular member of the Planning Board in connection with that matter.
E.
Powers. The Planning Board shall have all of the powers and duties heretofore granted to or imposed upon it by the Town Board.