In accordance with § 7-712 of the Village Law of the State of New York, the Zoning Board of Appeals shall consist of five members. The members and the Chairperson shall be designated by the Mayor, subject to the approval of the Board of Trustees. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. The Board of Trustees may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Board of Trustees for such purpose. The Board of Trustees may require members of the Zoning Board of Appeals to complete training and continuing education courses in order to fulfill their duties as members of the Zoning Board of Appeals.

The terms of the membership of the Zoning Board of Appeals shall be as set forth in § 7-712, Subdivisions 4 and 5, of the Village Law and any amendments thereto. Removal of any member of the Zoning Board of Appeals shall be governed by § 7-712, Subdivision 9, of the Village Law and any amendments thereto.

Pursuant to § 7-712, Subdivision 11, of the Village Law, the Mayor may appoint alternate members of the Zoning Board of Appeals, subject to the approval of the Board of Trustees, for the purpose of substituting for a member in the event such member is unable to participate due to absence or a conflict of interest. The term of the appointment of said alternate members shall be established through resolution of the Board of Trustees. The Board of Trustees may also require said alternate members to complete training and continuing education courses in order to fulfill their duties as members of the Zoning Board of Appeals.

The Zoning Board of Appeals shall have such authority, powers and duties as specified in Article 7 of the Village Law and as may be amended, as well as the authority, powers and duties specified in the Code of the Village of Hudson Falls and as may be amended.

The Zoning Board of Appeals shall act in strict accordance with the procedures specified in this chapter and Village law. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the law involved, and shall exactly set forth the interpretation that is claimed, the grounds for extension of a nonconforming use, or the grounds for a use or area variance, as the case may be. Each application for a use or area variance or extension of a nonconforming use shall be accompanied by a proposed site plan at an appropriate scale meeting the requirements for a site plan submission in Article IV of this chapter. The Zoning Board of Appeals may waive or vary submission requirements as it sees fit.

Each application to the Zoning Board of Appeals for a variance or extension of a nonconforming use shall be accompanied by a fee as set by the Village Board. Applications for interpretations shall not require a fee.

Every decision by the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Zoning Board of Appeals in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed promptly in the office of the Village Clerk by the Secretary of the Zoning Board of Appeals, by case number under one of the following headings: use variance, area variance, extension of nonconforming use, interpretation.

Prior to making a final decision on a variance, interpretation or extension of a nonconforming use, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing, at least 10 days prior to the date thereof, and shall, at least five days before such hearing, mail or hand deliver, at the discretion of the Code Enforcement Officer, notices thereof to the parties and shall decide the same within 60 days after the final hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal is taken.

At least 30 days before the date of public hearing held in connection with any application for a variance or the extension of a nonconforming use, the Zoning Board of Appeals may, at its discretion, transmit to the Planning Board a copy of said application and by such transmittal request that the Planning Board submit to the Zoning Board of Appeals its advisory opinion on said application. The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. The failure of the Planning Board to submit such report shall be interpreted as a "no recommendation" opinion by the Planning Board.

The Zoning Board of Appeals shall notify the Village Board, Code Enforcement Officer and Planning Board of each variance, extension of a nonconforming use and interpretation granted under the provisions of this chapter.

Interpretation. On direct appeal from a determination of the Code Enforcement Officer, the Zoning Board of Appeals may hear and decide questions where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer involving the interpretation of any provision of this chapter. Prior to taking final action the Zoning Board of Appeals may, at its discretion, submit an application for interpretation to the Planning Board for its recommendation. Failure of the Planning Board to reply within 30 days after receipt of the application will be construed as its having no recommendation to submit in regard to the interpretation.

Use and area variances. The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances. The procedure and criteria for review of use and area variances are found in Article XIV of this chapter.[1]