Village of Bellerose, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 10-23-1978 by resolution. Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Review Committee — See Ch. 6.
Board of Appeals — See Ch. 210.
[Amended 1-23-2012 by L.L. No. 1-2012]
The following rules and regulations shall govern the proceedings before the Board of Appeals and Architectural Review Committee with reference to matters properly placed before each.
[Amended 1-23-2012 by L.L. No. 1-2012]
Each and every application to the Board of Appeals or to the Architectural Review Committee shall be submitted by way of six legible copies, in addition to the original thereof; and each and every written presentation, in favor of the application or in opposition thereto, shall be submitted in the original, together with six legible copies. For good cause shown, either Board may waive this requirement in an individual case. An application for such waiver may be made directly to the Chairman of either Board, who may waive the rule in the absence of a meeting by the Board.
[Amended 2-25-1980; 12-9-1996 by L.L. No. 3-1996]
Together with each applicant made to the Board of Appeals for relief, the applicant shall deposit with the Village Clerk a sum in the amount established by the Board of Trustees, by duly adopted resolution, to cover the actual costs and expenses necessarily incurred in connection with such application.
For each hearing with reference to an application before it, the Board of Appeals shall engage a stenographer, who shall make a stenographic record of such hearing and shall cause same to be transcribed in the original only, such original transcript to be filed with the office of the Village Clerk. In the event that any person, including the applicant, shall desire a copy of that transcript, he may do so by ordering a copy thereof directly from the stenographer at the time of the hearing, and the person so ordering a copy of the transcript shall be responsible for the payment of the stenographer's fees with reference thereto.
Any applicant for relief before the Board of Appeals may request that no stenographic transcript be made of the proceedings with reference to his application. In that event, the Board of Appeals may (but is not required to) direct that no stenographic transcript be made. In requesting that no stenographic transcript be made, the applicant thereby agrees to accept the minutes kept by the Secretary of the Board of Appeals as a fun and accurate reflection of the proceedings before the Board of Appeals.
[Amended 12-9-1996 by L.L. No. 3-1996; 1-23-2012 by L.L. No. 1-2012]
For each hearing with reference to an application before it, the Architectural Review Committee shall cause its Secretary to keep minutes of the meeting, which minutes shall be full and complete evidence of the transactions before the meeting of the Architectural Review Committee. In the event that an applicant shall request that the Architectural Review Committee provide stenographic verbatim minutes of its proceedings with reference to her/his application, s/he shall do so in writing at the time of the submission of his application and shall deposit with the Village Clerk an additional sum in the amount established by the Board of Trustees by duly adopted resolution to cover the actual costs and expenses necessarily incurred in connection with his application.
[Amended 12-9-1996 by L.L. No. 3-1996; 1-23-2012 by L.L. No. 1-2012]
When it appears to either the Board of Appeals or the Architectural Review Committee that any hearing to be conducted by it will involve the expenditure by the Village or that Board of sums of money for necessary purposes in excess of the sums of money required to be deposited with the Village Clerk by this resolution, either Board may require a deposit of a further sum of money, in the amount established by the Board of Trustees, by duly adopted resolution to cover such expenses, with its return to the applicant to be governed by the rules set forth in this resolution.
[Amended 1-23-2012 by L.L. No. 1-2012]
Within 40 days after the Board of Appeals or the Architectural Review Committee shall have rendered its decision in any matter before it, the sum of money deposited with the Village Clerk, pursuant to the provisions of these rules, shall be returned to the applicant, less the sum of money expended by the Board of Appeals or the Architectural Review Committee or the Village Clerk with reference to required legal advertisements, personal notification of adjoining landowners as may be required by law, stenographer's fees for attendance and for the preparation of the original of the transcript above referred to, the rental of a meeting room for the holding of any hearing which cannot be accommodated (in the opinion of the relevant Board) in the regular meeting room of the Board of Trustees and similar expenses which would not have been incurred by the Board of Appeals or the Architectural Review Committee or the Village Clerk in the absence of the application under consideration. If such expenses shall exceed the sum deposited, the Village Clerk shall make no refund, and the applicant shall be indebted to the Village for such difference, making payment therefor upon demand by the Village Clerk. By the filing of his application and the receipt of a copy of these rules and regulations, the applicant acknowledges his liability in that regard.
[Amended 2-25-1980; 1-13-1986; 12-9-1996 by L.L. No. 3-1996]
In addition to the deposit referred to above, any person submitting an application to the Board of Appeals shall pay an application fee in an amount established by the Board of Trustees by duly adopted resolution, which shall be nonrefundable. Such application fee shall be paid to the Village Clerk, who shall deposit the same in the general funds of the Incorporated Village of Bellerose, in reflection of the services necessary to be rendered, with reference to each such application, by the Village Clerk and other employees of the Incorporated Village of Bellerose.
[Added 3-20-2017 by L.L. No. 1-2017]
The Mayor, subject to the approval of the Board of Trustees, shall appoint from time to time one alternate member for a term of one year, to serve when a member is absent or unable to participate because of a conflict of interest. The Chairperson of the Board of Appeals shall designate the alternate member to substitute for said member, and such alternate shall have all powers and responsibilities of a member of the Zoning Board of Appeals while so designated.
[Amended 1-23-2012 by L.L. No. 1-2012]
At the conclusion of every hearing on an application, the Board of Appeals and the Architectural Review Committee shall meet in executive closed session to consider the merits of the application and to vote thereon. The relevant Board may, in its discretion, cause a stenographic transcript to be kept of each such executive session or may, in its absolute discretion, dispense with a verbatim stenographic transcript of such executive session, causing the minutes thereof to be kept by its Secretary. In any event, the vote on each application shall be recorded, by roll call, at any such executive session.
[Amended 1-23-2012 by L.L. No. 1-2012]
When the vote of either the Board of Appeals or the Architectural Review Committee shall have been taken, its decision with reference to the application shall be immediately communicated to the Village Clerk, whether or not the stenographic transcript or minutes of the executive session shall have been prepared at that time. The Village Clerk shall make each such decision a matter of record and shall cause the applicant to be notified thereof without delay. Such notification shall be in writing and, in the case of the rejection of the application, shall succinctly state the reasons for such rejection.
[Amended 1-23-2012 by L.L. No. 1-2012]
For good reason and in its discretion, either the Board of Appeals or the Architectural Review Committee may waive any of the provisions of these rules, upon the vote of 3/4 of the total membership of each such Board.