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

Abstract

It is not uncommon for members of planning and zoning boards or commissions to have occasional conflicts of interest related to pending applications. In fact, most of the litigation surrounding ethical issues in land use planning and zoning matters involves situations where the applicant or the public believes that a board member had a personal financial or familial conflict that should have been disclosed. A number of cases reported in the media and playing out in the courts have centered on scenarios where a planning or zoning board was unable to conduct business due to a lack of a quorum because two or more board members had conflicts of interest.