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Rouses Point Village
City Zoning Code

ARTICLE X

Board of Appeals Review Procedures

§ 120-57 Applicability.

This article shall apply to the review procedure for variances and appeals from a decision of the Code Enforcement Officer.

§ 120-58 Procedural steps.

Applications to the Board of Appeals shall be processed in the following steps. The Board of Appeals shall comply with all of the requirements of §§ 7-712-a and 7-712-b of the Village Law.
A. 
Review.
(1) 
The Board of Appeals shall undertake a preliminary review of an application at its first regularly scheduled monthly meeting after the application is submitted. At the preliminary review the Board shall determine whether the application is complete. If the application is deemed to be incomplete, then the applicant shall be notified, in writing, of what further information is required. If the application is considered to be complete, then the Board shall proceed to schedule a public hearing.
(2) 
Pursuant to the New York State Environmental Quality Review Act (SEQRA), the Board of Appeals in their initial review of an application shall determine that no further action is necessary to fulfill the requirements of said act or require that the applicant submit a full environmental assessment form (EAF) for their review. Upon review of the full EAF the Board of Appeals shall issue either a negative or positive declaration. The application shall not be considered complete until the requirements of SEQRA are fulfilled.
B. 
The Board shall schedule a public hearing within 62 days of receipt of a complete application and shall provide notice of such hearing by publication in a newspaper of general circulation in the Village at least five days prior to the date thereof.
C. 
As required by state law, certain applications shall be forwarded to the Clinton County Planning Board (pursuant to § 120-68). Applications for a variance or an appeal from a decision of the Code Enforcement Officer must be mailed to the Clinton County Planning Board at least five days prior to the hearing.
D. 
The Board of Appeals shall conduct a public hearing on the matter.
E. 
Within 62 days of the final public hearing, the Board shall render a decision to approve, disapprove or approve with modifications or conditions. Said time period may be extended by mutual consent of the applicant and the Board.
F. 
All decisions shall be in writing, shall be filed with the Village Clerk within five business days of the decision and a copy thereof shall be provided to the applicant.

§ 120-59 Meeting procedures.

A. 
Meetings shall be held at such times as the Board may determine or at the call of the Chairman.
B. 
A quorum shall consist of three members, but in order to approve a special use or a variance, or reverse a decision of the Code Enforcement Officer, an affirmative vote of at least three members shall be required.
C. 
The Board shall keep minutes of its proceedings showing the vote of each member upon each question.
D. 
All meetings and hearings of the Board shall be public.
E. 
Every decision or determination of the Board of Appeals shall be in writing and shall be filed in the office of the Village Clerk within five business days and shall be public record.

§ 120-60 Costs.

Costs required are to be paid by the applicant for the Board of Appeals process and shall be established by resolution of the Village Board of Trustees.