Plandome City Zoning Code
ARTICLE VIII
Board of Appeals
§ 175-33 Meetings and procedures.
The meetings and procedures of the Zoning Board of Appeals shall be governed by the provisions of the Village Law of the State of New York, as amended from time to time either by state or local action. The Zoning Board of Appeals shall have power from time to time to adopt, repeal and amend rules and regulation not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business.
§ 175-33.1 Appellate jurisdiction.
The Zoning Board of Appeals shall, pursuant to the Village Law of the State of New York, as amended from time to time by state or local action, hear and decide appeals from and review any order, requirements, decisions or determinations made by the Building Inspector, or other officer charged with the enforcement of this chapter, and hear and decide all matters specifically referred to it by the Planning Board or upon which it is required to pass under any local law or ordinance.
§ 175-33.2 Fees.
Fees for applications to and deposits for reimbursement of incurred expenses for the Board of Appeals shall be as established from time to time by resolution of the Board of Trustees.
§ 175-34 Application of Village Law.
A.
Subdivision 2 of § 7-712 of the Village Law, as last amended by Chapter 208 of the Laws of 1993, is hereby amended in its application to the Village of Plandome, New York, to read as follows:
§ 7-712 Zoning Board of Appeals. | ||
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2. | Appointment of members. The Village Board of Trustees which adopts a local law and any amendments thereto pursuant to the powers granted by this article shall appoint a Board of Appeals consisting of three or five members as shall be determined by such local law and shall designate the Chairperson thereof. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. In addition, the Board of Trustees may appoint two alternate members to the Board of Appeals for a one-year term, who shall be entitled to serve and function in the place and instead of a regular member when an alternate's presence is necessary to constitute a quorum of the Board on account of the absence or inability of a regular Board member to serve or function. 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. In making such appointment, the Village Board of Trustees may require Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members. | |
B.
Subdivisions 2, 6 and 9 of § 712-a of the Village Law, as last amended by Chapter 208 of the Laws of 1993, are hereby amended in their application to the Village of Plandome, New York, to read as follows:
§ 7-712-a. Zoning Board of Appeals Procedure | |||
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2. | Filing requirements. Every written rule and regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Village Clerk within 15 business days from the date it is approved by the Board of Appeals and shall be a public record. | ||
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6. | Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, except actions or proceedings commenced prior to the appeal pending in Village Court or any court of record, unless the administrative official charged with the enforcement of such local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown. | ||
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9. | Filing of decision and notice. The written decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within 15 business days after the day such decision is rendered, and a copy thereof mailed to the applicant. | ||
C.
The Board of Appeals may render its decision on any appeal or application in a short-form format, setting forth the Board's determination and conditions, if any, without enumerating the findings which formed the basis for its determination. Any appellant, applicant or person or persons, jointly or severally aggrieved by a decision of the Board, may, within 30 days after the filing of the short-form decision in the office of the Village Clerk, file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a long-form format containing findings which formed the basis for the Board's determination. The Village Clerk shall promptly deliver this written demand to the Chairperson of the Board of Appeals. The Chairperson shall then cause the long-form decision to be prepared and, upon its approval by the Board, file it with the Village Clerk.
D.
In cases where the Board renders a short-form decision and no written demand requesting a long-form decision is filed within the required thirty-day period, the date of filing of the short-form decision with the Village Clerk shall be deemed the date of the filing of the Board's decision for all purposes, including the commencement of an Article 78 proceeding. In cases where the Board renders or is required to render a long-form decision, the date of filing of the long-form decision with the Clerk shall be deemed the date of filing of the Board's decision for all purposes, including the commencement of Article 78 proceedings.