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HomeMy WebLinkAboutLL 04 of 2007 PB Alternates.doc TOWN OF ITHACA LOCAL LAW NO. 4 OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. This local law is adopted pursuant to § 10, Subdivision 1(ii)d(3), of the Municipal Home Rule Law of the State of New York. This local law supercedes § 271(15) of the Town Law of the State of New York to the extent this local law is inconsistent with such section. Section 2. Chapter 270, XXVIII, Section 270-236.A(2) of the Town of Ithaca Code, entitled “Planning Board,” is amended by deleting subparagraph 2 and adding a new subparagraph 2 reading as follows: “(2)(a) There may be appointed additionally up to two alternate members of the Planning Board. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. (b) The Chairperson of the Planning Board shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in subparagraph b above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 271(15), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3). All other rights, responsibilities and procedures related to alternate members set forth in said § 271 shall apply.” Section 3. In the event any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 02/28/07 1 Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 02/28/07 2