New York A 5294: Relates to alternate members of certain planning boards and zoning boards of appeals

Bill Text

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A05294 Summary:

BILL NOA05294 

&nbsp

SAME ASSAME AS S01935

&nbsp

SPONSORBrown E

&nbsp

COSPNSRHawley, Morinello, Smullen, McDonough, Palmesano, Angelino, Tague

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MLTSPNSR

&nbsp

Amd §§267 & 271, Town L

&nbsp

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.

Go to top A05294 Actions:

BILL NOA05294 

&nbsp

02/12/2025referred to local governments

01/07/2026referred to local governments

Go to topA05294 Committee&nbspVotes:

Go to topA05294 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05294 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5294

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. E. BROWN -- 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.
 LBD03476-01-5

 A. 5294 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 substituti