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HomeMy WebLinkAbout2002_10_16_Local_Law_No_9 LOCAL LAW NO. 9 -2002 This local law shall be known as the "Creation of the Position of Alternate Member for the Board of Appeals and the Planning Board" Local Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose Paragraph 11 of section 267 of the Town Law and paragraph 15 of section 271 of the Town Law allow the Town Board to establish the position of alternate member or members of the Town's Board of Appeals and Planning Board. This local law creates those positions. Section 2 -Amendment to the Code of the Town of Mamaroneck (a) Section 240-89 A. of the Code of the Town of Mamaroneck hereby is amended by deleting paragraph (1) thereof and substituting a new paragraph (1) which reads as follows: "(1) The Board of Appeals, as previously established by the Town Board, shall continue to exist. The Board of Appeals shall consist of five (5) members and two alternate members who shall substitute for any member of the Board of Appeals who 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 members having 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 member(s) with the conflict of interest. If the Chairperson is the member with the conflict of interest, the longest tenured member of the Board of Appeals shall make this selection." (b) Chapter 240 of the Code of the Town of Mamaroneck hereby is amended by adding a new ARTICLE XV thereto which reads as follows: "ARTICLE XV Planning Board "§ 240-95. Creation and Powers of the Planning Board. "A. The Planning Board, as previously established by the Town Board, shall continue to exist. The Planning Board shall consist of seven (7) members and two alternate members who shall substitute for any member of the Planning Board who 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 members having 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 member(s) with the conflict of interest. If the Chairperson is the member with the conflict of interest, the longest tenured member of the Planning Board shall make this selection. "B. 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." (c) Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by deleting the definition of SENSITIVE POSITION contained therein and substituting a new definition of SENSITIVE POSITION which reads as follows: "SENSITIVE POSITION -- The following positions entail potential conflicts of interest and are deemed to be sensitive positions: Supervisor, Deputy Supervisor, member of the Town Board, Town Clerk, Deputy Town Clerk, Town Justice, Town Administrator, Assistant to the Town Administrator, Counsel to the Town, Town Prosecutor, Superintendent of Highways, Superintendent of Recreation, Director of Building Code Enforcement and Land Use Administration, Building Inspector, Assistant Building Inspector, Fire Chief, Deputy Fire Chief(s), Fire Inspector, Police Chief, Comptroller, Deputy Comptroller, Director of Public Housing, Public Housing Administrator, Town Engineer or Consulting Engineer, Senior Engineering Aide, Assessor, member of the Board of Assessment Review, Real Property Appraiser, General Foreman, member of the Planning Board, member of the Board of Appeals, alternate member of the Planning Board and alternate member of the Board of Appeals. In the event that a new position is created at a later date which the Town Administrator deems to be sensitive, then such position shall be added to this list upon the adoption of a resolution by the Town Board." Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any 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.