A Board of Appeals shall be appointed by the
Board of Trustees of the Village of Great Neck Plaza, Nassau County,
State of New York, pursuant to the Village Law of the State of New
York.
[Amended 3-17-2010 by L.L. No. 2-2010]
A.
Said
Board of Appeals shall consist of five members. They shall be appointed
for terms as provided in the Village Law. They shall make rules as
to the manner of filing appeals and applications for variances from
the terms of this chapter and shall be otherwise bound by the terms
of the Village Law of the State of New York.
B.
There
is also established the position of Secretary to said Board of Appeals.
They may, in appropriate cases, after public
notice and hearing, and subject to appropriate conditions and safeguards,
and in harmony with the general purpose and intent of this chapter,
in addition to their powers under the Village Law of the State of
New York and such powers as are heretofore in this chapter given to
them:
A.
Vary the application of the regulations herein established
and establish appropriate requirements for irregular lots or lots
of less than the required area, in any district, existing at the effective
date of this chapter.
B.
Determine and establish the true location of district
boundaries in any case of dispute.
C.
Where a zone boundary line divides a lot in single
ownership at the effective date of this chapter, permit a use authorized
on either portion of such lot to extend to the entire lot but not
more than 25 feet beyond the boundary line of the greater restricted
zones.
D.
Grant a permit wherever it is provided in this chapter
that the approval of the Board of Appeals is required.
The Board of Appeals shall have power to hear
and determine appeals for and to review any order or decision made
by the Building Inspector.
All applications and appeals to the Board shall
be made upon the proper form or shall be in substantially the same
form as that prescribed by the Board, shall contain all information
required by that form and shall be presented to the Village Building
Inspector, together with the prescribed fee. The Village Building
Inspector shall examine such application or appeal to ascertain whether
it contains information sufficient to fully acquaint the Board of
Appeals or any interested person with the nature of the appeal or
application and information required as to the property concerned,
the authority or relief sought and all other matters relevant thereto.
If, in the opinion of the Village Building Inspector, the application
or appeal is sufficient, he shall cause such application or appeal
to be the subject of a public hearing at a regular meeting of said
Board of Appeals. If, in the opinion of the Village Building Inspector,
the application or appeal is insufficient, he shall return such application
or appeal to the applicant or appellant for completion as to matters
in which it is found insufficient. Upon completion, such application
or appeal may be resubmitted to the Village Building Inspector.
An appeal to the Board of Appeals from any order,
requirement, decision or determination of any Village body, board
or administrative official shall be taken within 30 days from the
filing or service of such order, requirement, decision or determination
by filing with said Board formal notice of such appeal in the manner
and on the form or forms authorized by the Board of Appeals, a copy
of which shall be delivered to the Village body, board or official
whose order, requirement, decision or determination is appealed from.
[Amended 4-15-1992 by L.L. No. 2-1992]
A.
Fees. The following fees and deposits shall be paid to the Village Clerk at the time application is made to the Board of Appeals for any purpose authorized under this Article XIX:
(1)
New construction of or any change or addition
to a single-family or two-family dwelling: $250.
(2)
New construction or any changes or additions
to a multiple dwelling, apartment use, hospital or sanitarium or any
structure to be put to a business use: $500.
(3)
In addition to the above fees, an additional
fee of $100 shall be required in connection with the filing of any
application where an environmental assessment form (EAF) is also filed,
which fee shall be paid at the time the EAF form is filed.
B.
Costs.
(1)
On all applications to the Board of Appeals,
the applicant shall be liable for and shall pay the following costs
which may be incurred by the Village in processing the application.
(a)
Advertising.
(b)
Stenographic minutes of meetings and hearings.
(c)
Engineering costs for the Village Engineer.
(d)
Legal fees for the Village Attorney, which shall
be charged at an hourly rate approved by the Board of Trustees.
(e)
Recording fees.
(f)
Planning, sound, traffic, environmental or other
specialized study or consultant's fees.
(2)
All the foregoing fees and costs shall be consistent
with fees for services then prevailing in the community. All such
fees shall be billed by the Village on a monthly basis and shall be
paid within 15 days thereafter.
C.
Deposits.
(1)
In addition to the fees required by Subsection A hereof, the applicant shall deposit with the Village Clerk a sum of money to be used by the Village to defray the costs listed in Subsection B hereof which are actually and necessarily incurred by the Village in processing and reviewing the application. The sum deposited shall be as follows:
(2)
In the event that the amount of the deposit is insufficient to cover the costs listed in Subsection B hereof, the applicant shall, at such time as is fixed by the Board of Trustees, deposit with the Village an amount deemed sufficient to defray all such costs. If the amount deposited exceeds the actual costs listed in Subsection B which are actually and necessarily incurred by the Village, the unused portion of such deposit shall be returned to the applicant within 60 days after the decision on the application is filed.
D.
Additional fees. For all Board of Appeals applications
requiring approval of street and highway grades and drainage by the
Nassau County Department of Public Works, the applicant shall tender
an additional fee of $1,500, which fee shall be forwarded by the Village
to the county pursuant to the requirements of County Ordinance No.
171-1991. This fee shall be increased or decreased in accordance with
any future amendment to the county ordinance.
E.
Action on application. No action shall be taken by
the Board of Appeals on any application subject to the provisions
of this section until all fees and deposits required hereunder are
paid in full.
Whenever a permit or variance is granted by
the Board of Appeals, such permit or variance shall be acted upon
and, in the case of a structural permit or variance, completed within
one year of the granting of the same, unless an extension shall be
granted by the Board of Appeals upon application or on its own motion.
Notice of public hearings before the Board of
Appeals shall be given as follows:
A.
By the Board of Appeals: A clear and concise description
of the nature of the application or appeal, together with the name
and interest of the applicant or appellant, the location of the premises
concerned and the time, date and place of the hearing shall be published
in the official paper of the Village of Great Neck Plaza at least
10 days before the date of hearing.
B.
By the applicant: A clear concise description of the
nature of the application or appeal, together with the name and interest
of the applicant or appellant, the location of the premises concerned
and the time, date and place of the hearing shall be sent on forms
authorized by the Board of Appeals by postage paid, certified mail,
return receipt requested, at least 15 days before the date of hearing,
addressed to: each owner of land located wholly or partly within 250
feet of the premises concerned, said owners to be determined by the
applicant or appellant from the current Land and Tax Map of Nassau
County and the current tax assessment roll of the Town of North Hempstead,
and in the case of any application relating to a building having one
or more tenants, including single-family dwellings, two-family dwellings,
multiple dwellings and commercial buildings, to each tenant of record
in said building. When the application before the Board of Zoning
Appeals relates to a multiple dwelling, then a copy of the notice
described above shall, at least 15 days before the date of the hearing,
also be posted within the Building in two conspicuous locations, including
any location within the building customarily used for notices and
bulletins.
[Amended 10-7-1987 by L.L. No. 14-1987]
