Assembly Bill A5294

2025-2026 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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2025-A5294 (ACTIVE) - Details

See Senate Version of this Bill:
S1935
Current Committee:
Assembly Local Governments
Law Section:
Town Law
Laws Affected:
Amd §§267 & 271, Town L
Versions Introduced in 2023-2024 Legislative Session:
A8380, S7652

2025-A5294 (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.

2025-A5294 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5294
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   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.
                                                            LBD03476-01-5
 A. 5294                             2

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