Bill Text: NY A08380 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Permits alternate members of certain planning boards and zoning boards of appeals for any reason the town board deems necessary pursuant to local law, rule, regulation or ordinance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-07 - held for consideration in local governments [A08380 Detail]

Download: New_York-2023-A08380-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8380

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
          tee on Local Governments

        AN ACT to amend the town law, in relation to certain  alternate  members
          of planning boards and zoning boards of appeals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 11 of section 267 of the town law, as added  by
     2  chapter 137 of the laws of 1998, is amended to read as follows:
     3    11.  Alternate  members.  (a)  A town board may, by local law or ordi-
     4  nance, or as a part of the local law or ordinance  creating  the  zoning
     5  board  of  appeals,  establish  alternate zoning board of appeals member
     6  positions for purposes of substituting for a member in  the  event  such
     7  member  is  unable  to participate because of a conflict of interest, or
     8  any other reason the town board deems necessary pursuant to  local  law,
     9  rule,  regulation or ordinance. Alternate members of the zoning board of
    10  appeals shall be appointed by resolution of the town  board,  for  terms
    11  established by the town board.
    12    (b)  The  chairperson  of the zoning board of appeals may designate an
    13  alternate member to substitute for a member when such member  is  unable
    14  to  participate  because  of a conflict of interest on an application or
    15  matter before the board, or any other reason the town board deems neces-
    16  sary pursuant to local law,  rule,  regulation  or  ordinance.  When  so
    17  designated,  the  alternate  member  shall  possess  all  the powers and
    18  responsibilities of such member of the board.  Such designation shall be
    19  entered into the minutes of the initial zoning board of appeals  meeting
    20  at which the substitution is made.
    21    (c) All provisions of this section relating to zoning board of appeals
    22  member training and continuing education, attendance, conflict of inter-
    23  est,  compensation, eligibility, vacancy in office, removal, and service
    24  on other boards, shall also apply to alternate members.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13043-01-3
        A. 8380                             2

     1    § 2. Subdivision 15 of section 271 of the town law, as added by  chap-
     2  ter 137 of the laws of 1998, is amended to read as follows:
     3    15. Alternate members. a. A town board may, by local law or ordinance,
     4  or  as  part  of the local law or ordinance creating the planning board,
     5  establish alternate planning board  member  positions  for  purposes  of
     6  substituting  for a member in the event such member is unable to partic-
     7  ipate because of a conflict of interest, or any other  reason  the  town
     8  board  deems  necessary pursuant to local law, rule, regulation or ordi-
     9  nance. Alternate members of the planning board  shall  be  appointed  by
    10  resolution of the town board, for terms established by the town board.
    11    b.  The  chairperson  of the planning board may designate an alternate
    12  member to substitute for a member when such member is unable to  partic-
    13  ipate  because  of  a  conflict  of interest on an application or matter
    14  before the board, or any other reason the  town  board  deems  necessary
    15  pursuant  to  local  law,  rule, regulation or ordinance. When so desig-
    16  nated, the alternate member shall possess all the powers  and  responsi-
    17  bilities of such member of the board.  Such designation shall be entered
    18  into  the  minutes  of  the  initial planning board meeting at which the
    19  substitution is made.
    20    c. All provisions of this section relating to  planning  board  member
    21  training  and  continuing  education,  attendance, conflict of interest,
    22  compensation, eligibility, vacancy in office, removal,  and  service  on
    23  other boards, shall also apply to alternate members.
    24    § 3. This act shall take effect immediately.