Town of Amenia, NY
Dutchess County
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Table of Contents
Table of Contents
The provisions of this chapter shall be administered and enforced by the Code Enforcement Official, who shall issue building permits and zoning permits. No building permit, zoning permit, certificate of occupancy, or other permit or license shall be issued if it would be in conflict with the provisions of this chapter, Chapter 63 of the Amenia Town Code, entitled "Fire Prevention and Building Code Administration," or any other applicable local, state, or federal law or regulation.
A. 
Building permit.
(1) 
A building permit shall be required for the erection, construction, enlargement, alteration, replacement, demolition, or removal of any building or structure over 200 square feet in footprint area. In the case of demolition, this permit shall be called a "demolition permit."
(2) 
No building permit shall be required for any alteration of or ordinary repairs to an existing building or structure which is not structural in nature and which is not intended to or does not provide for a new or extended use of the building, structure or premises.
(3) 
In the case of emergency action to deal with damage from fire or other casualty, the applicant may commence construction required to stabilize a structure without a building permit. In order to protect the safety of persons entering such a structure to stabilize it, a permit shall be applied for as soon as possible and in no event more than one week following such fire or casualty.
B. 
Zoning permit. A zoning permit shall be required for the conversion or change in use of any existing building, structure, or parcel of land where no new construction is involved. No zoning permit shall be required when the new use is permitted by right, as provided in § 121-10F.
C. 
Application for building or zoning permit. All applications for a building or zoning permit shall be made on prescribed forms and shall contain the following information:
(1) 
Land: a description of the land on which the proposed use or construction will occur, including deed and filed map references, lot numbers, and tax parcel numbers.
(2) 
Use, occupancy: a statement of the existing and proposed use of all parts of the land and the location, character and existing and proposed use of any existing or proposed buildings or structures, including the number of floors, entrances, rooms, type of construction and the kind and extent of any exterior horizontal extension proposed toward any boundary or street line of the lot.
(3) 
Identity of owner, applicant: the full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations.
(4) 
Description of work or changes in use: a brief description of the nature of the proposed work or change in use.
(5) 
Valuation of work: the valuation of the proposed construction work, if any.
(6) 
Plans and specifications.
(a) 
Each application for a building or zoning permit shall be accompanied by two copies of plans and specifications, including a map, survey (if applicable), site development or plot plan, drawn to scale, showing the courses, dimensions and detail of all the boundary lines of the proposed lot of occupancy and the street boundaries adjacent thereto; zoning district and overlay district boundaries; the location and size of any proposed new construction and all existing buildings, structures, parking areas, traffic access and circulation drives, open spaces and landscaping on the site, the nature and character of any work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks, and alleys; wetlands, watercourses, slopes in excess of 15%; biodiversity mapping information, if available; and such additional information as may be required by the Code Enforcement Official, to determine compliance with the provisions of this chapter.
(b) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by the Education Law or any other applicable statutes, laws, rules or regulations of the State of New York, the seal of a licensed architect or a licensed professional engineer.
(c) 
The Code Enforcement Official may waive one or more of the requirements of this § 121-54C for minor alterations, as defined in the New York State Uniform Fire Prevention and Building Code.
(7) 
Additional information: such other information as may reasonably be required by the Code Enforcement Official to establish compliance of the proposed work or change in use with the requirements of this chapter.
D. 
Action upon application.
(1) 
The Code Enforcement Official shall promptly review the application and approve or deny it, giving the reason for any denial. A copy of the approved or disapproved application shall be delivered or mailed to the applicant within two working days.
(2) 
An application with the approval of the Code Enforcement Official endorsed thereon shall constitute the building permit or zoning permit, which shall become effective when the Code Enforcement Official has filed written approval of the permit application in the office of the Town Clerk. A copy of the building permit shall be placed in the permanent property file for the property.
E. 
Invalid approval. No building or zoning permit shall be valid unless it complies with all provisions of this chapter. Any permit approved in violation of this chapter shall be void.
F. 
Termination of building or zoning permit. An approved building or zoning permit shall terminate and become void if there is no construction or commencement of the new use within 12 months of the date of approval.
The steps to obtain necessary permits to erect, occupy, or change the use of a permitted structure or lot are as follows:
A. 
Any person intending to undertake new construction, structural alteration, or change in the use of a building or lot shall apply to the Code Enforcement Official for a building permit or zoning permit by submitting the appropriate application form and paying the required fee. For rules governing changes of use, see § 121-10F.
B. 
The Code Enforcement Official shall grant or deny the permit as provided in § 121-54 or refer the application to the Planning Board (or Town Board or Zoning Board of Appeals, if appropriate) if a special permit and/or site plan approval is required.
C. 
If a building or zoning permit is issued, the applicant may proceed to undertake the action permitted. Upon completion of any construction, the applicant shall apply to the Code Enforcement Official for a certificate of occupancy (for building permits only).
D. 
If the Code Enforcement Official finds that the applicant's action has been taken in accordance with the building permit, the Code Enforcement Official shall issue a certificate of occupancy as provided in § 121-54, allowing the structure to be occupied.
E. 
If the Code Enforcement Official denies a building or zoning permit and does not refer the application to the Planning Board or Town Board, the applicant may appeal to the Zoning Board of Appeals.
No building or structure hereafter erected, constructed, enlarged, altered, or moved and no enlarged, extended, altered, or relocated portion of an existing building or structure shall be occupied or used until a certificate of occupancy has been issued by the Code Enforcement Official, in accordance with the provisions of Chapter 63 of the Town Code, this chapter, and any other applicable laws and regulations.
A. 
Exception for minor alterations. No certificate of occupancy shall be required for any alteration of or ordinary repairs to an existing building or structure which is not structural in nature and which does not require a zoning permit or a building permit pursuant to the provisions of this chapter or of Chapter 63 of the Town Code.
B. 
Issuance of certificate of occupancy.
(1) 
The Code Enforcement Official shall examine the location of any new structures or improvements to existing structures and shall determine whether or not such new structures or improvements comply with the setbacks and other requirements of this chapter, including the terms and conditions of any site plan approval, special permit, variance, subdivision approval, or conservation easement granted. The Code Enforcement Official shall maintain complete records of the dates of inspections conducted hereunder, the names of all persons attending such inspections, the extent of completion of the work on each date, and any other observations relevant to determining compliance with this chapter.
(2) 
After work has been completed, inspected, and found to be in full compliance with the building permit, the Code Enforcement Official shall issue a certificate of occupancy. A copy of the certificate of occupancy shall be placed in the permanent property file for the property.
C. 
Effective date of certificate of occupancy. A certificate of occupancy shall become effective upon filing in the office of the Town Clerk, together with the building permit and all previous applications and approvals granted.
D. 
Failure to complete construction. Any structure for which a building permit has been issued which remains partially complete with no substantial progress over a twelve-month period shall be considered a violation of this chapter to be remedied pursuant to § 121-57.
A. 
Inspection. In order to determine compliance with this chapter, the Code Enforcement Official is authorized, to the extent permitted by law, to enter, inspect, and examine any building, structure, place, premises, or use in the Town of Amenia.
B. 
Notice of violation.
(1) 
Upon finding any new construction, improvements, or uses to be in violation of this chapter, the Code Enforcement Official shall transmit a written notice of violation, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the alleged violation, with a copy to the Town Board. The notice of violation shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Official within a reasonable time limit set by the Code Enforcement Official. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Code Enforcement Official within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of determination will be borne by the Town.
(2) 
If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Code Enforcement Official, the notation "Violation Corrected" shall be made on the Code Enforcement Official's copy of the notice.
(3) 
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Code Enforcement Official within the time limit set, the Code Enforcement Official shall take action in accordance with Subsection C.
(4) 
A permanent record of all notices of violation and their disposition shall be kept in the offices of the Code Enforcement Official.
C. 
Abatement of violations. The Code Enforcement Official or the Town Board may issue a stop-work or cease and desist order and/or institute an appropriate legal action or proceeding to prevent, restrain, correct, or abate any violation of this chapter to prevent the occupancy of premises or to prevent any activity, business, or use that violates this chapter. Such legal action may include the issuance of an appearance ticket pursuant to the Criminal Procedure Law, § 150.20.
D. 
Penalties.
(1) 
A violation of this chapter is an offense punishable by fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. Conviction of a second offense, committed within five years of the first offense, is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both. Conviction of a third or subsequent offense committed within a period of five years is punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation. A violation which creates an imminent hazard to health and safety shall be punishable by the same fine as above, as well as by imprisonment for a period not to exceed six months per violation.
(2) 
In addition, any person who violates any provision of this chapter or who fails to do any act required thereby shall, for each and every such violation, pay a civil penalty of not more than $100. When a violation of any of the provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional penalty.
(3) 
The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the abatement of a violation pursuant to Subsection C. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender and may be recovered in a civil court of appropriate jurisdiction.
E. 
Complaints of violations. Whenever a suspected violation of this chapter occurs, any person may file a signed written complaint reporting such violation to the Code Enforcement Official. The Code Enforcement Official may also investigate any oral complaint made to his/her office. All complaints, written or oral, shall be properly recorded, filed, and promptly investigated by the Code Enforcement Official and reported to the Town Board.
F. 
Taxpayer action. Upon the failure or refusal of the Code Enforcement Official or Town Board to institute an appropriate legal action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town to do so, any three taxpayers of the Town residing in the district in which such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in the same manner as the Code Enforcement Official or Town Board.
G. 
Accountability. For every violation of the provisions of this chapter, the owner, agent, contractor, lessee, ground lessee, tenant, licensee, or any other person who commits, takes part, or assists in such violation or who maintains any structures or premises in which any such violation exists shall be punishable according to the provisions of this chapter.
A. 
Deposits in escrow.
(1) 
In connection with any application for a special permit, site plan or subdivision approval, zoning amendment, timber harvesting permit, variance, or other appeal, the reviewing board may require an applicant to deposit an initial sum of money into an escrow account in advance of the review of the application. Such a deposit in escrow may be required at any stage in the application process, including for preapplication sketch plan discussions and the conservation analysis required by § 121-20A. Said sum shall be based on the estimated cost to the Town of reviewing the particular type of submission before it. In determining the initial amount to be deposited, the reviewing board may consider the professional review expenses incurred by it and neighboring municipalities in reviewing similar submissions.
(2) 
Use of funds.
(a) 
The money deposited shall be used to cover the reasonable and necessary costs of reviewing an application, including costs of inspection of construction and completed improvements. Costs may include staff costs or consultant fees for planning, engineering, legal, and other professional and technical services required for the proper and thorough review of an application and project inspections. The reviews governed by this section shall include but not be limited to all environmental review pursuant to law, including review of the proposed action under the State Environmental Quality Review Act (SEQR).
(b) 
The review expenses provided for herein are in addition to application or administrative fees required pursuant to other sections of the Amenia Town Code.
(c) 
Monies deposited by applicants pursuant to this section shall not be used to offset the Town's general expenses of professional services for the several boards of the Town or its general administrative expenses.
(d) 
Fees charged strictly for SEQR review shall not exceed the maximum amounts that can be charged by the lead agency pursuant to the SEQR regulations.
B. 
Upon receipt of monies requested for an escrow account, the Town Supervisor shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such monies deposited and the name of the applicant and project for which such sums were deposited.
C. 
Upon receipt and approval by the Town Board of itemized vouchers from consultants for services rendered on behalf of the Town regarding a particular application, the Town Supervisor shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly.
D. 
Review of vouchers; payment.
(1) 
The Town Board shall review and audit all such vouchers and shall approve payment of only such consultant charges as are reasonable in amount and necessarily incurred by the Town in connection with the review and consideration of applications and project inspections. A charge or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by consultants to the Town for services performed in connection with the review of a similar application. In auditing the vouchers, the Town Board may take into consideration the size, type and number of buildings to be constructed, the topography of the site at issue, environmental conditions at such site, the infrastructure proposed in the application and any special conditions the Town Board may deem relevant. A charge or part thereof is necessarily incurred if it was charged by the consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town and protect public or private property from damage.
(2) 
In no event shall an applicant make direct payment to any Town consultant.
E. 
If, at any time during the review of an application or the inspection of an approved project under construction, there shall be insufficient monies on hand to the credit of an applicant to pay the approved vouchers in full, or if it shall reasonably appear to the reviewing board or inspecting official that such monies will be insufficient to meet vouchers yet to be submitted, the reviewing board or official shall cause the applicant to deposit additional sums as the board or official deems necessary or advisable in order to meet such expenses or anticipated expenses.
F. 
An applicant shall have the right to appeal to the Town Board the amount of any required escrow deposit or the amount charged to an escrow account by a consultant under this section.
G. 
In the event the applicant fails to deposit the requested review fees into an escrow account, any application review, approval, permit or certificates of occupancy may be withheld or suspended by the reviewing board, officer or employee of the Town until such monies are deposited.
H. 
Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the Town have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within 60 days after the applicant's request.
I. 
The owner(s) of the subject real property, if different from the applicant, shall be jointly and severally responsible to reimburse the Town of Amenia for funds expended to compensate for services rendered to the Town under this section by private engineers, attorneys or other consultants. In order for a land use application to be deemed complete, the applicant shall provide the written consent of all owners of the subject real property acknowledging potential landowner responsibility, under this section, for engineering, legal and other consulting fees incurred by the Town. In the event that insufficient funds have been deposited in escrow and the applicant or owners fail to reimburse the Town for such fees, the following shall apply:
(1) 
The Town may seek recovery of unreimbursed engineering, legal and consulting fees by action in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorneys' fees expended by the Town in prosecuting such action.
(2) 
Alternatively, and at the sole discretion of the Town, a default in reimbursement of such engineering, legal and consulting fees expended by the Town shall be remedied by charging such sums against the real property which is the subject of the land development application, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be applied in reimbursing the fund from which the costs were defrayed for the engineering, legal and consulting fees. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.
[Amended 8-18-2016 by L.L. No. 2-2017]
Pursuant to the provisions of § 267 of the Town Law, there is hereby established a Zoning Board of Appeals consisting of five members appointed by the Town Board. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and this chapter in connection with appeals to review any order, requirement, decision, interpretation, or determination made by an administrative official charged with the enforcement of this chapter, generally the Code Enforcement Official. An appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the Town.
A. 
Alternate members.
(1) 
Alternate members of the Zoning Board of Appeals may be appointed by the Town Board and designated by the Chairperson of the Zoning Board of Appeals in accordance with the provisions of this section when a regular member of the Zoning Board of Appeals is unable to participate on an application or a matter before the Zoning Board of Appeals as set forth herein.
(2) 
The Town Board shall appoint two alternate members to the Zoning Board of Appeals, each of whom shall serve for a term of one year as herein described. One alternate member shall be designated as the "first alternate member," and the other alternate member shall be designated as the "second alternate member." The term of any alternate member shall terminate on December 31 in the year of the appointment of that member, regardless of whether he or she has served a full 12 months.
(3) 
The Chairperson of the Zoning Board of Appeals may designate the first alternate member to substitute for a member of the Zoning Board of Appeals when such member is unable to participate on an application or matter before the Board due to absence or a conflict of interest or other ethical consideration which results in a recusal of that Board member from acting on the particular application before the Board. If the first alternate member is unable or unwilling to act, the Chairperson of the Zoning Board of Appeals shall designate the second alternate member to act. When so designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. The appointed alternate member shall participate as a member of the Board with respect to the particular application only until final action has been taken on the particular application.
(4) 
All provisions of state and local laws relating to Zoning Board of Appeals, including eligibility, training, continuing education, attendance, compensation, vacancy in office, removal, compatibility of office and service on other boards, shall apply to alternate members.
A.1. 
Appeals of orders, requirements, decisions, interpretations, or determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation, or determination appealed from, and shall make such order, requirement, decision, interpretation, or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter. In so doing, the Zoning Board of Appeals shall have all the powers of the administrative official from whose order, requirement, decision, interpretation, or determination the appeal is taken.
B. 
Appeals for variance.
(1) 
Where there are practical difficulties or unnecessary hardships imposed by the strict letter of this chapter, the Zoning Board of Appeals shall have the power, upon appeal from a determination by the Code Enforcement Official and after public notice and hearing, to vary or modify the application of any of the provisions of this chapter relating to the use, construction, or alteration of structures or the use of land, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial justice done.
(2) 
All applications for variances shall be submitted to the Code Enforcement Official at least 10 days before the meeting of the Zoning Board of Appeals and shall be accompanied by six copies of a plot plan, drawn to scale with accurate dimensions, showing the location of all existing and proposed structures on the lot. An application for a use variance may require submission of an agricultural data statement pursuant to § 121-37C.
(3) 
Any variance which is not exercised by application for a zoning permit or by otherwise commencing the use within one year of the date of issuance shall automatically lapse.
C. 
Use variances.
(1) 
The Zoning Board of Appeals, on appeal from a decision or determination of the Code Enforcement Official, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed by this chapter. No use variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship to the applicant. In order to prove unnecessary hardship, the applicant shall demonstrate that for each and every permitted use under this chapter for the district in which the applicant's property is located:
(a) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b) 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
(c) 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) 
The alleged hardship has not been self-created.
(2) 
Failure to demonstrate any one of the requirements in Subsection C(1)(a) through (d) above is sufficient to justify the denial of a use variance.
(3) 
The Zoning Board of Appeals shall consider any agricultural data statement submitted pursuant to § 121-37C.
(4) 
The Zoning Board of Appeals, in granting use variances, shall grant the minimum variance that it deems necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.
(5) 
In addition to the grounds for granting a use variance in Subsection C(1) above, a use variance may also be granted if the applicant can prove, by competent financial evidence, deprivation of all economically beneficial use of the property. In such a case, the Zoning Board of Appeals shall grant only the minimum variance necessary to allow an economically beneficial use.
(6) 
If the use variance is granted for a nonresidential use, the applicant shall obtain site plan approval from the Planning Board prior to commencing the use or obtaining a building permit or zoning permit.
D. 
Area variances.
(1) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Official, to grant area variances from the area or dimensional requirements. Where a proposed special permit or site plan application contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance without a decision or determination by the Code Enforcement Official.
(2) 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community of such grant. In making its determination, the Board shall also consider:
(a) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c) 
Whether the requested area variance is substantial;
(d) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e) 
Whether the alleged difficulty was self-created, which shall be relevant to the decision of the Board but which shall not necessarily preclude the granting of the area variance.
(3) 
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it deems necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community.
E. 
Imposition of conditions. The Zoning Board of Appeals shall, in granting use variances and area variances, impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. 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.
F. 
Procedures.
(1) 
Application. Appeals shall be taken by filing a written notice of appeal and any required plans with the Code Enforcement Official and the Zoning Board of Appeals, within 60 days after the filing of the order, requirement, decision, interpretation, or determination that is being appealed, on forms prescribed by the Zoning Board of Appeals. Such application shall refer to the specific provision of this chapter involved and shall specify the grounds for the variance requested, the interpretation claimed, or for the reversal of an order, requirement, decision, or determination of an administrative official. The Code Enforcement Official shall forthwith transmit all the papers constituting the record of the appeal to the Zoning Board of Appeals.
(2) 
Referral to County Planning Board.
(a) 
Requests for variances that require referral to the County Planning Board shall be so referred pursuant to General Municipal Law Article 12-B, §§ 239-l and 239-m, as amended.
(b) 
No action shall be taken on variances referred to the County Planning Board until its recommendation has been received, or 30 days have elapsed after its receipt of the full statement of the proposed variance, unless the county and Town agree to an extension beyond the thirty-day requirement for the County Planning Board's review.
(c) 
County disapproval. A majority-plus-one vote shall be required to approve any variance which receives a recommendation of disapproval from the County Planning Board because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.
G. 
Hearing and public notice.
(1) 
If an agricultural data statement has been submitted, the Secretary of the Zoning Board of Appeals shall, upon receipt of any variance application, mail written notice of the application to the owners of land as identified by the appellant in the agricultural data statement. Such notice shall include a description of the proposed variance and its location. The cost of mailing the notice shall be borne by the appellant.
(2) 
The Zoning Board of Appeals shall set a reasonable time after receipt of a complete application for the hearing of appeals.
(3) 
The Secretary of the Zoning Board of Appeals shall refer all applications for use variances to the Planning Board for a report prior to the public hearing. If the Planning Board does not report within 30 days of such referral, the Zoning Board of Appeals may take action without the Planning Board's report.
(4) 
At least five days prior to the date of the hearing of appeals, the Zoning Board of Appeals shall give public notice by causing the publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to the Planning Board and by certified mail to all property owners within 200 feet of the property upon which the appeal is taken. The cost of publishing and mailing such notices shall be borne by the appellant.
(5) 
If the application is for a use variance on property located within 500 feet of the boundary of an adjacent municipality, notice of the hearing shall be sent to the Clerk of the adjacent municipality by mail or electronic transmission at least 10 days prior to such hearing, and such adjacent municipality may appear and be heard.
(6) 
At the hearing, any party may appear in person or by agent or by attorney.
(7) 
The Zoning Board of Appeals may adjourn the hearing for a reasonable period in order to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in the appeal. If the hearing is adjourned for more than 30 days, the Board may require that it be re-noticed as provided in Subsection G(4) above.
H. 
Action. The Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse, affirm, or modify, wholly or in part, the order, requirement, decision, interpretation or determination of the administrative official in accordance with the provisions of this chapter.
(1) 
Any such action shall be decided within 62 days after the close of the hearing.
(2) 
Every decision of the Zoning Board of Appeals shall be approved by vote of a majority of the members by resolution which contains a full record of the findings and rationale for the decision. If the Zoning Board of Appeals acts contrary to the recommendations of the Town Planning Board or the County Planning Board, it shall give written reasons for such action.
I. 
Filing. Every order, requirement, decision, interpretation, or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days after the decision is rendered and shall be a public record. A copy thereof shall be placed in the permanent file of the property and shall also be mailed to the appellant within the same five-day period.
J. 
Court review of board decisions. Any person or persons, jointly or severally aggrieved by any decision of the Zoning Board of Appeals, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules and § 267-c of the Town Law.
K. 
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal shall expire if the appellant fails to obtain any necessary building permit within 12 months of the date of such decision.
L. 
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Code Enforcement Official certifies for the Zoning Board of Appeals, after the notice of appeal has been filed, that such a stay of proceedings would, in the Code Enforcement Official's opinion, cause imminent peril to life or property by reason of facts stated in the certificate. In such a case, proceedings shall not be stayed except by a restraining order granted by the Zoning Board of Appeals or by the Supreme Court on application, on notice to the Code Enforcement Official for due cause shown.
M. 
Special permits. In addition to the power to hear appeals, the Zoning Board of Appeals shall have the power to issue special permits where so indicated in this chapter. When reviewing and deciding upon special permit applications, the Zoning Board of Appeals shall apply the rules, standards, and procedures contained in Article IX, Special Permits and Site Plan Review.