HomeMy WebLinkAbout2003_11_5_Local_Law_No_20 Local Law No. 20 - 2003
This local law shall be known as the "Supersession of Portions of Sections 267
(11) and 271 (15) of the New York Town Law" Law.
Also known as Alternate member positions to the Zoning Board of Appeals
and to the Planning Board.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1-Purpose:
Sections 267 (11) and 271 (15) of the New York Town Law authorize a Town
Board to establish alternate member positions for the Board of Appeals and
the Planning Board. Those sections restrict the service of alternate members
to circumstances where regular members are "unable to participate because
of a conflict of interest". The Town Board concludes that limiting the times
when an alternate member can serve to situations where a conflict of interest
exists is too restrictive and that an alternate member also should be allowed
to act whenever a regular member is absent. Consequently, the Town Board
hereby exercises the authority given to it by New York Municipal Home Rule
Law section 10 [1] [ii] [d] [3] to supersede the portions of sections 267 (11)
and 271 (15) of the New York Town Law set forth below so that the alternate
members of the Town of Mamaroneck Board of Appeals and Planning Board
can participate in a matter not only when a regular member has a conflict of
interest but also when a regular member is absent.
Section 2 -Amendment to the Code of the Town of Mamaroneck
(a) Section 240-89 of the Code of the Town of Mamaroneck hereby is
repealed and the following is substituted in its place:
§ 240-89 Board of Appeals
A. Supersession.
Portions of section 267 (11) of the New York Town Law hereby are
superseded. Words enclosed in brackets are eliminated therefrom. Italicized
words are new matter added thereto. Section 267 (11) of the New York Town
Law, as superseded below, shall apply in the Town of Mamaroneck.
Section 267
11. Alternate members. (a) A town board may, by local law or ordinance, or
as a part of the local law or ordinance creating the [zoning] board of appeals,
establish alternate [zoning] board of appeals 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 [zoning] board of appeals shall be appointed by resolution of the town
board, for terms established by the town board.
(b) [The chairperson of the zoning board of appeals may designate an
alternate member to substitute for a member when such member is unable
to participate because of a conflict of interest on an application or matter
before the board.] 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 [zoning] board of appeals
meeting at which the substitution is made.
(c) All provisions of this section relating to [zoning] board of appeals
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.
B. Procedures Regarding Alternate Members
(1) An alternate member shall substitute for a regular member of the Board
of Appeals who is absent or is unable to participate in a matter before the
Board of Appeals due to a conflict of interest. If the number of alternate
members exceeds the number of regular members who are either absent or
have a conflict of interest with respect to a particular matter, the
Chairperson of the Board of Appeals shall select the alternate member(s) who
will substitute for the absent regular member(s) or the regular member(s)
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 Board
of Appeals shall make this selection.
(2) If an alternate member participates in a matter before the Board of
Appeals, 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 Board of Appeals in connection with that matter.
(b) Section 240-95 of the Code of the Town of Mamaroneck hereby is
repealed and the following is substituted in its place:
§ 240-95 Powers of the Planning Board; Procedures Regarding Alternate
Members
A. Powers
The Planning Board shall continue to have all of the powers heretofore
granted to it by the Town Board whether or not contained in the Code.
B. Supersession
Portions of section 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 designate an alternate
member to substitute for a member when such member is unable to
participate because of a conflict of interest on an application or matter before
the board.] 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 the 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 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 before
the Planning Board due to a conflict of interest. If the number of alternate
members exceeds the number of regular members who are either absent or
have a conflict of interest with respect to a particular matter, the
Chairperson of the Planning Board shall select the alternate member(s) who
will substitute for the absent regular member(s) or the regular member(s)
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 selection.
(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.
Section 3 - Severabili ty:
Should any provision of this local law be declared invalid or unconstitutional
by a court of competent jurisdiction, such declaration of unconstitutionality
or invalidity shall not affect a other provisions of this local law, which may be
implemented without the invalid or unconstitutional provisions.
Section 4 - Effective Date:
This local law shall become effective upon filing with the Secretary of State.