[Amended 8-13-1996 by L.L. No. 1-1996]
Pursuant to an Intermunicipal Cooperation Agreement
between the Town of Highlands and the Village of Highland Falls, there
is hereby created a Board of Appeals to be known and designated as
the "Consolidated Zoning Board of Appeals of the Town of Highlands
and Village of Highland Falls."
A.
The Consolidated Board of Appeals shall consist of
five members to be appointed and reappointed by the Town Board of
the Town of Highlands and the Board of Trustees of the Village of
Highland Falls in accordance with the provisions of the Intermunicipal
Cooperation Agreement and, in particular, Paragraph No. 5 thereof.
[Amended 11-5-2013 by L.L. No. 3-2013]
B.
The Consolidated Board of Appeals shall have all the
powers and duties prescribed by law, by this article, the provisions
of the Code of the Village of Highland Falls and as provided in the
Intermunicipal Cooperation Agreement.
C.
The Consolidated Board of Appeals shall appoint a
secretary and shall prescribe rules for the conduct of its affairs.
A.
The Board shall have jurisdiction over those matters
properly brought for determination to a Zoning Board of Appeals concerning
property within the Town of Highlands and Village of Highland Falls
and to make a determination thereof in accordance with their respective
zoning codes, New York State law and the provisions of the Intermunicipal
Cooperation Agreement.
B.
The Consolidated Zoning Board of Appeals shall hear
and determine all matters submitted to it in accordance with the law
applicable to the property which is the subject of the application,
and in particular, the Town Law of the State of New York and Village
Law of the State of New York, the Village Zoning Code and this chapter.
The matters submitted to the Consolidated Zoning Board of Appeals
include:
(1)
To vary or modify the application of the requirements
or provisions of the Town or village zoning code, including the grant
or denial of specific types of variances set forth in the respective
zoning codes, which requirements or provisions have caused a denial
of a permit, certificate or other form of approval by the Code Enforcement
Officer of the respective municipality. Such application for a variance
shall be heard and decided in accordance with applicable procedures
set forth herein and by the laws of the State of New York, as may
be amended.
(2)
To hear and determine any matter in which it is alleged
that the Code Enforcement Officer of the respective municipality was
in error in refusing to issue a building permit or certificate of
occupancy as a result of misinterpreting the meaning, intent or application
of any section or portion of the zoning ordinance of the municipality
in which the property is located.
(3)
To hear and determine any matter in which the applicant
alleges that the Code Enforcement Officer of the respective municipality
was in error in his or her determination as to the exact location
of a district boundary line on the Zoning Map of the respective municipality.
(4)
To hear and determine any matter in which the Code
Enforcement Officer of the respective municipality appeals to the
Consolidated Zoning Board of Appeals on the grounds of doubt as to
the meaning or intent of any provision of the zoning code of the respective
municipality or as to the location of a district boundary line on
the Zoning Map.
(5)
To hear and determine any matter referred to it for
hearing, recommendation or determination by the Board of Trustees
of the Village or the Town Board of the Town by proper authority pursuant
to ordinance, local law or resolution.
A.
Form of application. Applications for any action by
the Board of Appeals shall be submitted in the form required by the
Board of Appeals and filed in the Town Clerk's office.
B.
Procedure.
(2)
The applicant is required to erect a white-with-black-lettering
sign or signs measuring not less than two feet long and one foot wide,
which shall be prominently displayed on the premises facing each public
street on which the property abuts, giving notice that an application
for an appeal is pending, and the date, time and place where the public
hearing will be held. The sign shall not be set back more than 10
feet from the property or street line and shall be not less than two
nor more than six feet above the grade at the property line. The sign
shall be made of durable material and shall be furnished by the Town
Clerk. It shall be displayed for a period of not less than 10 days
immediately preceding the public hearing date or any adjournment date.
The applicant shall file an affidavit that he or she has complied
with the provisions of this section.
(3)
If the land involved in an application is within 500
feet of the boundary of any other municipality, notice of the public
hearing shall also be mailed to the Municipal Clerk of such other
municipality.
(4)
The applicant shall cause notice of the public hearing
to be mailed at least 10 days before the hearing to the owners of
all property within 500 feet of any lot line of the property for which
relief is sought. At the hearing, applicant shall furnish an affidavit
of such mailing.
(5)
If required by General Municipal Law § 239-m,
referral shall be made to the Orange County Planning Department, and
the procedures required by such law shall be followed.
C.
Records. A record shall be established of all variances
granted pursuant to action of the Consolidated Board of Appeals under
this article. Each case shall be identified by a sequential numbering
system and alphabetically by applicant's name. Said files shall be
available for public inspection.
D.
Minutes. The Consolidated Board of Appeals shall keep
minutes of its proceedings showing the vote of each member upon every
question, or if absent or failing to vote, indicating such fact. The
Consolidated Board of Appeals shall keep records of its examinations
and official actions, all of which shall be filed in the Town Clerk's
Office and Village Clerk's Office and shall be a public record.
E.
Time limit. Building permits authorized by the Consolidated
Board of Appeals' actions on variance cases shall be obtained within
90 days and shall automatically expire if construction under the permit
is not started within 90 days of issuance and completed within one
year. Extensions of these periods may be granted by the Consolidated
Board of Appeals where good cause is shown.
F.
The fee for variance applications shall be as set
forth in the fee schedule of the Town as amended from time to time.
A.
In accordance with the Intermunicipal Cooperation
Agreement with the Village of Highland Falls, the Consolidated Board
of Appeals shall make a determination of those matters properly brought
before the Board in accordance with the respective zoning codes, the
provisions of New York State law, of the municipality in which the
property is located (either the Town of Highlands or the Village of
Highland Falls) and make a determination thereof in accordance with
the appropriate code and in accordance with the following standards:
(1)
No application for a variance shall be granted by
the Consolidated Board of Appeals unless it is shown that such application
meets and satisfies the standards set forth in the provisions of the
Town Law or the Village Law of the State of New York, as amended from
time to time, whichever is applicable and in effect at the time of
the filing of the variance application.
(2)
In addition, in the granting of any such variance
the Consolidated Board of Appeals may impose such further reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property, provided that such conditions
shall be consistent with the spirit and intent of this chapter and
shall be imposed for the purpose of minimizing any adverse impact
the variance may have on the neighborhood or community.
(3)
The variance granted by the Consolidated Board of
Appeals shall be the minimum variance it deems necessary and adequate
to preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
B.
Effective date. This article shall take effect upon
the signing of the Intermunicipal Cooperation Agreement with the Village
of Highland Falls and the filing of this article as required by law.
