[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Meeting attendance and training requirements — See Ch. 3.
Fees — See Ch. 143.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
[1]
Editor's Note: The rules upon which this chapter
is based were originally adopted 3-27-1974 by the Town of Woodbury
Zoning Board of Appeals.
A.
The Zoning Board of Appeals of the Village of Woodbury
shall be governed by the provisions of all applicable state statutes,
local laws, ordinances and these rules.
B.
The term "Board" as used in these rules shall mean
the duly appointed Zoning Board of Appeals of the Village of Woodbury.
C.
The Board shall become familiar with all the duly
enacted ordinances and laws of the Village under which it may be expected
to act as well as with the applicable state statutes.
D.
The Board shall become familiar with the community
goals, desires and policies as expressed in a Comprehensive Plan,
if any, and in rendering decisions shall be guided by such plan and
grant the minimum relief which will ensure that the goals and policies
of the plan are preserved and substantial justice is done.
The officers of the Board shall consist of a
Chairman, Acting Chairman and Secretary as follows:
A.
Chairman. The Chairman shall be designated by the
Mayor, subject to the approval of the Village Board. He shall perform
all duties required by law, ordinance and these rules. He shall preside
at all meetings of the Board. The Chairman shall decide on all points
of order and procedure, subject to these rules, unless directed otherwise
by a majority of the Board. The Chairman shall appoint any committees
found necessary to carry out the business of the Board. The Chairman
may administer oaths and compel the attendance of witnesses as necessary
to carry out the business of the Board. The Chairman's signature shall
be the official signature of the Board and shall appear on all decisions
as directed by the Board.
B.
Acting Chairman. An Acting Chairman shall be appointed
to serve in the absence of the Chairman. He shall have all the powers
of the Chairman during his absence, disability or disqualification.
C.
Secretary. A Secretary shall be appointed and serve
at the pleasure of the Board. The Secretary, subject to the direction
of the Board and the Chairman, shall keep minutes of all Board proceedings,
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact and shall also keep records
of all Board examinations and other official actions.
A.
Should any vacancy on the Board occur for any reason,
the Secretary shall give immediate notice thereof to the Village Clerk.
B.
Should such vacancy occur, the Board shall immediately
submit its recommendations for new appointments to the Mayor for approval.
C.
Should the office of Chairman become vacant, the Secretary
shall notify the Village Clerk and the Acting Chairman shall handle
the duties of the Chairman until such time as the Mayor, subject to
the approval of the Village Board, shall appoint a new Chairman.
A.
Regular meetings. The regular meeting of the Board
shall be held on the fourth Wednesday of each month at 7:30 p.m. in
the Village Hall in Highland Mills, New York.
B.
Annual meetings. The annual organizational meeting
of the Board shall be the first regular meeting of the year.
C.
Special meetings.
(1)
Special meetings of the Board may be called by the
Chairman. At least 48 hours' notice of the time, place and business
of the meeting shall be given each member of the Board.
(2)
The Chairman shall call a special meeting within 10
days of receipt of a written request from any three members of the
Board, which request shall specify the matters to be considered at
such special meeting.
D.
Cancellation of meetings. Whenever there are no appeals
or applications for variance or other business at a regular meeting,
the Chairman may dispense with such meeting by notice to all members
not less than 48 hours prior to the time set for such meeting.
F.
Executive meetings. The Board may meet in executive
session to deliberate on matters before the Board. However, any official
action taken by the Board shall be at a meeting open to the public.
Executive meetings may be held immediately preceding the opening or
following the closing of regular meetings or hearings or at such other
times as may be determined by the Board.
A.
A quorum shall consist of a majority of the members
of the Board.
B.
No hearing or meeting of the Board shall be held nor
any action taken in the absence of a quorum; however, those members
present shall be entitled to request the Chairman to call a special
meeting for a subsequent date. Any subsequent hearings shall be readvertised
in accordance with the requirements of the applicable law.
C.
All matters shall be decided by roll call vote. Decisions
on any matter before the Board shall require the affirmative vote
of a majority of the Board unless otherwise specified herein.
D.
A tie vote or favorable vote by a lesser number than
the required majority shall be considered a rejection of the application
under consideration.
E.
No member of the Board shall sit in a hearing or vote
on any matter requiring a public hearing unless he has attended the
public hearing thereon; however, where such member has familiarized
himself with such matter by reading the record, he shall be qualified
to vote.
A.
Jurisdiction. The Board shall hear and decide appeals
from and review any order, requirement, decision or determination
made by an administrative official charged with the enforcement of
any ordinance adopted pursuant to Article 7 of the Village Law. It
shall also hear and decide all matters referred to it or upon which
it is required to pass under any other law. Such appeal may be taken
by any person aggrieved or by any officer, department, board or bureau
of the Village.
B.
Filing. An appeal must be made within 30 days of the
action of the administrative official appealed from. The applicant
must file a notice of appeal with the administrative official from
whom the appeal is taken and with the Secretary of the Board of Appeals.
Such notice shall be made on the form provided for that purpose. The
administrative official from whom the appeal is taken shall be responsible,
at the direction of the Board, for providing any applicant with the
proper forms and for instructing the parties concerned on completing
and filing said forms. All information required thereon shall be complete
before an appeal is considered filed.
C.
Notice. The applicant shall be notified, by letter,
within five days of the hearing of his application or of his failure
to complete his application properly.
A.
Time limit. The Board shall schedule a hearing on
all appeals or applications within 30 days of the filing of the appeal
or application.
B.
Notice. The Board shall give notice of the hearing
at least five days prior to the date thereof by publication in the
official Village newspaper. The Board shall mail notices of the hearing
to the parties and, where required by the General Municipal Law § 239-m,
to the Orange County Planning Department at least five days prior
to the hearing.
C.
Proceedings. The order of business at a hearing shall
be as follows:
(1)
Roll call.
(2)
The Chairman shall give a statement of the case and
read all correspondence and reports received thereon.
(3)
The applicant shall present his case.
(4)
The Board shall hear any argument for or against the
matter before the Board by any person appearing at the hearing who
wishes to be heard.
(5)
If necessary, adjournment of hearing.
(6)
Close of public hearing by Chairman.
(7)
Reserving of decision to next regular meeting of the
Board.
E.
Rehearing. Upon motion initiated by any member and
adopted by unanimous vote of the members present, but not less than
a majority of all the members, the Board shall review at a rehearing
any order, decision or determination of the Board not previously reviewed.
Notice shall be given as upon an original hearing. Upon such rehearing,
and provided that it shall appear that no vested rights due to reliance
on the original order, decision or determination will be prejudiced
thereby, the Board may, upon the concurrence of all the members present,
reverse, modify or annul its original order, decision or determination.
A.
Prior to taking action on any matter which would cause
any change in the regulations or use of land or buildings on real
property as specified in § 239-m of the General Municipal
Law, the Board shall make referrals to the Orange County Planning
Department.
B.
Within 30 days after receipt of a full statement of
such referred matter, the Orange County Planning Department to which
referral is made shall report its recommendations thereon to the Board,
accompanied by a full statement of the reasons for such recommendations.
If such planning agency disapproves the proposal or recommends modification
thereof, the Board shall not act contrary to such disapproval or recommendation,
except by a vote of a majority plus one of all the members thereof
and after the adoption of a resolution fully setting forth the report
for such contrary action. The Chairman shall read the report of the
Orange County Planning Department at the public hearing on the matter
under review.
C.
If the Orange County Planning Department fails to
report within such period of 30 days or such longer period as may
have been agreed upon, the Board may act without such report.
A.
Time limit. Decisions by the Board shall be made not
later than 60 days from the date of the final hearing.
B.
Form. The final decision on any matter before the
Board shall be made by written order signed by the Chairman. Such
decision shall state the findings of fact which were the basis for
the Board's determination. After such determination, the Board may
reverse or affirm, wholly or partly, or may modify the order or requirement
of the administrative official appealed from. The decision shall also
state the conditions and safeguards necessary to protect the public
interests.
C.
Basis. The Board, in reaching said decision, shall
be guided by standards specified in the applicable ordinance as well
as by the community goals and policies as specified in a Comprehensive
Plan, if any, and by the findings of the Board in each case.
D.
Conflicts with other laws or ordinances. In reviewing
an application on any matter, the standards in any applicable local
law or ordinance or state statute shall take precedence over standards
of these rules whenever a conflict occurs. In all other instances,
the more restrictive rule shall apply.
E.
Expiration. Unless otherwise specified, any order or
decision of the Board for a permitted use shall expire if a building
or occupancy permit for the use is not obtained by the applicant within
180 days from the date of the decision. Should the proposal also require
approval from the Village of Woodbury Planning Board, the 180-day
expiration window shall run from the date of final planning board
approval. In all cases, the Board may extend this time for one additional
period of 90 days if such extension is warranted by the particular
circumstances.
[Amended 3-13-2019]
F.
Rehearings. After a rehearing, other than one based on a substantial change in conditions, the original order may be changed only by a concurring vote of all the members then present, but not less than a majority of the Board, and in conformance with § A316-7E of these regulations.
G.
Filing. Decisions of the Board shall be immediately
filed in the office of the Village Clerk and shall be a public record.
The date of filing of each decision shall be entered in the official
records and minutes of the Board.
H.
Notice. Copies of the decision shall be forwarded
to the applicant and the Orange County Planning Department when referral
to the county planning agency was required in the particular case.
I.
Certification. A copy of the Board's decision, including
all terms and conditions, shall be transmitted to the municipal administrative
official and shall be binding upon and observed by him, and he shall
fully incorporate such terms and conditions of the same in the permit
to the applicant or appellant whenever a permit is authorized by the
Board.
A.
Adoption. Upon adoption of these rules by the Board,
the Secretary shall file a copy of these rules with the Village Clerk,
and they shall be a public record.
B.
Amendment. These rules may be amended by an affirmative
vote of not less than four members of the Board, provided that such
amendment is presented in written form at a regular or special meeting
preceding the meeting at which the vote is taken.
