Assembly Bill A8380

2023-2024 Legislative Session

Relates to alternate members of certain planning boards and zoning boards of appeals

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A8380 (ACTIVE) - Details

See Senate Version of this Bill:
S7652
Current Committee:
Assembly Local Governments
Law Section:
Town Law
Laws Affected:
Amd §§267 & 271, Town L

2023-A8380 (ACTIVE) - Summary

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.

2023-A8380 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8380
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section 1. Subdivision 11 of section 267 of the town law, as added  by
 chapter 137 of the laws of 1998, is amended to read as follows:
   11.  Alternate  members.  (a)  A town board may, by local law or ordi-
 nance, 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 member in  the  event  such
 member  is  unable  to participate because of a conflict of interest, OR
 ANY OTHER REASON THE TOWN BOARD DEEMS NECESSARY PURSUANT TO  LOCAL  LAW,
 RULE,  REGULATION OR ORDINANCE. 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, OR ANY OTHER REASON THE TOWN BOARD DEEMS NECES-
 SARY PURSUANT TO LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE.  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 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 inter-
 est,  compensation, eligibility, vacancy in office, removal, and service
 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

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