Pre-action notice. The Director of Planning and Environment shall notify a zoning board member, in writing, when his or her absences have reached the threshold set by the Town Board, and the Director shall notify the Town Board and Town Attorney in writing once a member has exceeded the number of allowable absences.

Hearing. Upon review and recommendation of the Town Attorney, who shall consider whether such absences are excusable or occurred for good cause shown, a hearing to determine whether to remove the member may be held by the Town Board or a duly appointed Administrative Hearing Officer, at the option of the Town, it being the intention of the Town Board to provide for due process that is delivered in a fair and expeditious manner. For this reason, the Town Board is exercising its authority pursuant to § 64(23) of the Town Law, § 10(1)(ii)(a)(1) and § 10(1)(ii)(d)(3), § 10(3)(b) and (4)(b) of the Municipal Home Rule Law and other applicable and successor law or rule, to expand on and/or supersede the provisions of Town Law § 267(9) and other applicable laws.

Notice. Notice of the date, time and place of the hearing and subject matter thereof shall be served upon the member by registered or certified mail, return receipt requested, and by regular mail, and addressed to the member's last known address at least fifteen (15) days before the hearing.

Conduct of hearing. During the hearing, the Town Board or Administrative Hearing Officer may hear testimony and receive evidence from the Town Attorney, Chairman of the Zoning Board, and any other person in support or in opposition to such removal. The member shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. No hearing shall be adjourned except for good cause shown. All hearings shall be recorded.

Administrative Hearing Officer. If the matter is referred to a Hearing Officer, he or she shall consider the testimony and may accept or reject, in whole or in part, the evidence presented. The Hearing Officer shall have thirty (30) days to submit his written findings and recommendations, including the action to be taken, to the Town Board for ultimate determination. The Hearing Officer's findings and determination shall be mailed to the zoning board member, or his attorney, if applicable, by both regular mail and by registered or certified mail, return receipt requested, no later than seven (7) days of the date of the Hearing Officer's report. The member shall have at least seven (7) days from receipt of the report to file his written objections to the Hearing Officer's report in the office of the Town Clerk.

Town Board Action. If the matter is retained by the Town Board, notice of the public hearing shall be published by the Town Clerk at least ten (10) days before the hearing, and shall be given to the member in the manner set forth in section (3). The hearing shall be conducted as set forth in section (4). The Town Board shall render its findings and determination no later than the next regularly scheduled Town Board meeting following the public hearing, if one is held. If the matter had been referred to a Hearing Officer, the Board shall consider the Hearing Officer's Report and any objections submitted by the member, and may accept or reject, in whole or in part, the evidence presented.

Determination of the Board. A copy of the resolution containing the Town Board's findings and determination shall be filed with the Town Clerk and mailed to the member named in the original notice, or his attorney(s), if known, by regular mail and by registered or certified mail, return receipt requested. The determination of the Town Board shall be final and judicial review of such determination may be sought pursuant to Article 78 of the CPLR.

Failure to appear. If there has been no appearance before the Administrative Hearing Officer by the member or his attorney, or before the Town Board if the matter has been retained, the Town Board may hold the member in default and make a determination on the issue in the same manner as if the member were present at the hearing.

Legislative intent. It is the intention of the Town Board to protect the health, safety and welfare of those residing in neighboring properties and the community-at-large from the impacts of land development, and to facilitate the expeditious processing of applications by providing the Zoning Board of Appeals with a mechanism by which it can seek the assistance of outside professionals and/or commission independent studies at the applicant's expense to assist in evaluating any matter over which the Board has jurisdiction. In order to accomplish these goals, the Town Board is exercising its police power and authority under § 10(1)(ii)(a)(6), (11) & (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law; the New York State Constitution; § 64(23) and § 130(15) of the Town Law, and any other applicable provision of law now or hereinafter enacted to supercede and/or expand on the provisions of Town Law § 267-a(3) & (8), § 267-b(4), § 280, § 280-a(2) and any other applicable provision of law now or hereinafter enacted, so as to require full payment of all such fees as a condition of Zoning Board approval, and the issuance of a building permit or other town approval.

As a condition of processing any matter over which it has jurisdiction, and except as otherwise set forth in Chapter 194 for Wireless Telecommunications Facilities, the Zoning Board may, at any time, require an applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review. All such costs shall be paid by cash or certified check and are in addition to any other required fee. Within thirty (30) days of the date on the written request for payment, the applicant shall submit to the Department of Planning and Environment for deposit into a non-interest bearing trust and agency account maintained by the Town an amount determined by the Zoning Board, or its designee, to be utilized by the Town to pay for such services during the review process. Upon request, the applicant shall be provided with copies of invoices submitted to the Town for the work of outside consultants and studies. In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within twenty (20) days of the date on the written request for payment. After all reasonable charges have been paid to the vendor(s) by the Town, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any stage by the applicant any unused portion of the sums on deposit shall be returned to the applicant.

In its discretion the Zoning Board may adopt or reject, in whole or in part, the findings and determinations of any consultant or study commissioned by the Board or applicant.

Depth extension. Where a business district is one hundred fifty (150) feet or less in depth, the Board may permit a proposed business use to extend not more than one hundred (100) feet in additional depth. The applicant shall specify the need for such depth extension, and the Board of Appeals shall find that such extension is required for the reasonable use of the property.

Lot adjacent to nonconforming use. The Board may permit such modification of the provisions of this chapter as is necessary to secure an appropriate development of a lot bounded on two (2) or more sides by premises on which the buildings are nonconforming.

Lots bisected by zone line. Where a use district boundary line crosses a lot, the Board may permit the extension of a building or the location of an accessory off-street parking or loading area or the extension of a use of either classification into the whole lot, provided that:

Overnight parking or outside storage. The Board may authorize, with proper safeguards and with screening where necessary, the use of part of a lot for overnight parking of commercial vehicles or outside storage of materials where such uses are accessory to a permitted use and necessary to its operation and are not otherwise specifically permitted in the district regulations. Overnight parking areas and outside storage areas shall be designated on the site plan and shall not be located within any portion of a front yard nor street-side yard on a corner lot.

Golf courses. The Board may authorize the establishment of a golf course in a residence district, subject to the following:

Minimize the effects of the use, exception or variance upon other property in the neighborhood.

Assure a harmonious arrangement of use.

Implement the spirit and objectives of this chapter.

Location of principal and accessory buildings.

Limitation of signs or advertising devices, including number, size, location, type and illumination.

Limitation of amount, location, intensity and direction of exterior illumination including the imposition of stricter standards than those provided in Chapter 143.

Amount, location and improvement of off-street parking and loading space.

Type, location and design of drainage and drainage structures.

Control of access and circulation within the premises.

Grading and the location and type of retaining walls or structures.

Landscaping, screening, fencing and walls, including the location and type of planting and fencing required for screening purposes.

Hours of operation.

Structural changes, including the installation of storefronts.

Control or elimination of smoke, dust, gas, noise, vibration, odor and lighting.

Sound amplification devices.

Other conditions found by the Board to be necessary.

By publishing a notice thereof in the official Town newspaper. The publication shall be at least thirty (30) days prior to the date of the public hearing.

By sending notice thereof to the Town Clerk and to the Supervisor and the Town Board.

Except as set forth in Chapter 194 for Wireless Telecommunications Facilities, the applicant shall mail notices, postmarked no less than thirty (30) days nor more than thirty-five (35) days before the hearing, to the owners as well as the occupants of all adjoining properties within five hundred (500) feet of the exterior limits of the applicant's total property holding, as shown on the current tax roll; with the exception of applications the R-15, R-10, R-7 and R-5 Zoning Districts, where notification to adjoining property owners and occupants shall be to those within two hundred (200) feet of the exterior limits of the applicant's total property holding, as shown on the current tax toll. In addition, the applicant shall provide a certificate of mailing for each recipient, which legibly indicates the name and address of the person, including the occupant, to which the notice was mailed, and is duly certified by the post office. The applicant shall also file an affidavit of mailing, together with the duly certified certificates of mailing, to the Zoning Board of Appeals office in no less than five (5) working days before the hearing. Said affidavit shall include the name of the person that actually mailed the notices and the names and addresses of the property owners and the addresses of the occupants that were notified. Failure to mail the notices and/or provide the affidavit and/or the certificates of mailing to the Zoning Board of Appeals office may result in postponement of the public hearing.

If a particular public hearing is rescheduled for any reason, then the new public hearing date shall provide enough time to be advertised and a new mailing to neighbors shall be sent announcing said hearing. Re-advertising and re-mailing notices shall indicate that this is a hearing that was rescheduled from a specific date. If the applicant causes a postponement, for any reason, then he/she shall be responsible for the cost of re-advertising and re-mailing the notices as described above. If the Board postpones a particular public hearing scheduled for a ZBA meeting that does hold other public hearings on that date, then the cost for advertising and mailing shall be borne by said Board.

In the event a ZBA meeting is cancelled then all of the public hearings scheduled for that ZBA meeting will be re-scheduled for the next scheduled ZBA meeting date, unless an applicant or applicant's representative makes a request for an adjournment of the new date. The new date of the public hearing will be posted on the Town of Huntington's official website and at Town Hall on the official bulletin board located in the Town Clerk's Office and no re-advertising will be required. However, in the event that an applicant or applicant's representative makes a request for an adjournment of the new date, then advertising will be required and the costs borne by the Town.

The sign(s) shall be twenty (20) inches by thirty (30) inches and shall be supplied to the applicant by the Town Planning and Environment Department for a fee. Said sign shall be located at the center of the frontage of the property, not more than ten (10) feet back from the property line. It shall be nailed to a tree, pole or post not less than two (2) feet nor more than six (6) feet above grade and it must be clearly visible from the street. On or before the date and time of the public hearing the applicant or his/her agent shall certify, in writing, in a notarized affidavit to the Board, that he/she has erected the sign as described herein. At the discretion of the Board, failure to erect the sign or submit the affidavit may mean cancellation of the hearing.

Such sign or signs shall be displayed for a period of not less than five (5) days immediately preceding the public hearing and shall be removed by the applicant or his/her agent within three (3) days after the hearing has taken place.