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Providing for Alternate Members on Planning and Zoning Boards: Drafting Effective Local Laws

Planning and Environmental Law, American Planning Association, Vol. 61, No. 8, August 2009

Albany Law School Research Paper No. 24

5 Pages Posted: 21 Oct 2009 Last revised: 30 Jan 2014

Patricia Salkin

Touro College - Jacob D. Fuchsberg Law Center

Date Written: August 1, 2009

Abstract

It is not uncommon for members of planning and zoning boards to have conflicts of interest with repsect to applicants and applications before the board. When these members disclose and recuse themselves from further involvement in pending matters, it can lead to problems including a lack of quorum for the conduct of business and to tie votes resulting in either inaction or in default approvals. A number of states specifically authorize, but do not require, the appointment of alternate members to these local land use boards. However, many of these statutes fail to provide necessary guidance as to how alternate members are to be selected and appointed, and what their responsibilities and powers are during their term of office. This article offers lawyers, municipal officials and other community leaders best practices with respect to the drafting of effective local laws for the appointment of alternative members of planning and zoning boards.

Keywords: zoning, ethics, alternate member planning board, alternate member zoning board, conflicts of interest

JEL Classification: K11

Suggested Citation

Salkin, Patricia, Providing for Alternate Members on Planning and Zoning Boards: Drafting Effective Local Laws (August 1, 2009). Planning and Environmental Law, American Planning Association, Vol. 61, No. 8, August 2009 ; Albany Law School Research Paper No. 24. Available at SSRN: https://ssrn.com/abstract=1490797

Patricia E. Salkin (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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