[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 9-11-1984 (Ch. A176 of the 1982 Code). Amendments noted where applicable.]
The office of the Board of Appeals shall be at One Shelter Rock Road, North Hills, New York 11576, or in such quarters as may be designated from time to time by the Board of Trustees. The office shall be open for business during the hours of the days of the week in which business of the Village of North Hills is normally conducted.
[Amended 1-20-2015; 2-21-2017]
There shall be a Chair and a Deputy Chair of the Board of Appeals. There shall also be a Clerk, who shall be the Village Clerk, or such other person as may be appointed by the Board of Trustees.
The duties of the Chair shall be to see that the rules of the Board are complied with; to call meetings of the Board; to preside at all meetings of the Board; to administer oaths and compel attendance of the witnesses, and to perform any other acts, as required by law.
Upon written request from an applicant, the Chair shall have authority to grant requests for adjournment of a public hearing or consideration of any other matter, with or without designating an adjourned hearing date and time, without a meeting of the Board. This authority shall be in addition to the authority of the Board to grant such relief at any duly convened meeting of the Board. In any case where request for adjournment of a hearing has been granted by the Chair pursuant to this rule, notice of the adjournment, and any adjourned hearing date and time designated by the Chair may be posted at the entrance to Village Hall and on the Village website, which postings shall constitute due notice of the adjourned hearing date.
The duties of the Deputy Chair shall be those of the Chair in the absence or inability of the Chair to act.
The duties of the Clerk, in addition to those prescribed elsewhere in these rules, shall be to maintain the Office and records of the Board; to supply proper application blanks to persons seeking to commence proceedings before the Board; to receive such applications when properly completed and to issue receipts for fees received in connection therewith; to bring to the attention of the Board all such applications or any other matters related to the functions of the Board; to cause notice of public hearings before the Board to be properly published as directed by the Board or by these rules; to attend meetings of the Board and to make or cause to be made a complete record of all proceedings before it, including written or oral statements, affidavits, directions of the Chair, and rulings, votes, orders, requirements, decisions and determinations of the Board; to notify applicants or appellants of determinations by the Board as soon as possible thereafter; to cause to be filed immediately in the office of the Village Clerk as a public record every order, requirement, decision, determination or rule of the Board; and to carry out any other proper instructions of the Board in connection with normal duties of a Clerk or Secretary of a Board of Appeals.
[Amended 2-16-1993; 5-16-2017]
The fourth Tuesday of each month shall be the regular meeting day of the Board, at 7:30 p.m., unless otherwise determined by the Board. The Board may meet at other times determined by the Board or at the call of the Chair on at least three days' written notice to each member of the Board. Any meeting of the Board shall be open to the public except where otherwise provided by law. Three members of the Board shall constitute a quorum at any meeting, but if a quorum is not present, those members of the Board who are present may adjourn the meeting to another stated date.
Applications may be made directly to the Board for consents, permits or variances, under the Code of the Village of North Hills, or the laws of the State of New York, only in cases where no building permit will be required to effect the purpose of the applications, or where otherwise permitted by law. If a building permit will be required under the Code of the Village of North Hills, then application must first be made for same to the Building Official. If said permit is denied by said Official on the grounds that a permit, consent or variance must be granted by the Board of Appeals, then an application or appeal may be made to the Board for such permit, consent or variance, or other relief as may be permitted by law. Appeals may also be taken to the Board in any other case where permitted by law.
Applications or appeals to the Board may be made only by a real party in interest, such as an owner, lessee or other person having a contractual interest in the property concerned, and in case where such real party in interest is a partnership, corporation, association or estate, in its name by one of the partners, any officer thereof, or legal representative as the case may be. In cases where an application or appeal is made by a real party in interest who is a lessee or other person having a contractual interest in the property concerned, or other than an owner of the property, an affidavit of the owner expressing confirmation and consent must be included in the application or appeal.
All applications or appeals to the Board shall be made upon the proper form as prescribed by the Code Enforcement Officer or the Board, shall contain all information required by that form, and shall be presented to the Clerk, together with the prescribed fee. The Clerk shall cause each such application or appeal to be examined to ascertain whether it contains information sufficient to fully acquaint the Board or any interested person with the nature of the appeal or application, and information required as to the property concerned, the authority sought, and all other matters relevant. If, in the opinion of the Clerk, the application or appeal is sufficient and in proper form, the Clerk shall cause such application or appeal to be scheduled and noticed for a public hearing at the next regular meeting held more than 30 days after the filing of the complete application or appeal. If, in the opinion of the Clerk, the application or appeal is insufficient, the Clerk shall return such application or appeal to the applicant or appellant for completion or revision, as the case may be, as to matters in which it is found insufficient. Upon completion or revision, such application or appeal may be resubmitted to the Clerk.
An appeal permitted by the Village Code, or any other law, from any order, requirement, decision or determination of any administrative official shall be made within 30 days after the filing of such order, requirement, decision or determination and shall be on a form prescribed by the Board. Such appeal shall be delivered to the Clerk, who shall notify the official whose order, requirement, decision or determination is appealed from.
Each application and appeal filed in the proper form, with required information, shall be numbered in accordance with the numbering system adopted by the Village of North Hills. A separate file shall be maintained for each application or appeal submitted to the Board, and all material submitted to the Board shall remain therein. No such file or any part thereof shall be removed from the office of the Board except upon written authority of the Board and upon such conditions as it may impose, or where required by lawful authority. Such file shall be open to the inspection of any person at any time during the hours when the office of the Board is open for business. An index system of applications and appeals shall be maintained to enable any person to be furnished any such file upon identifying the property. Copies of the minutes of proceedings may be obtained upon payment of the cost thereof to the Clerk.
Any applicant or appellant may withdraw an application or appeal at any time prior to determination, with the permission of the Board, and any fee paid may be returned as may be permitted by the Village Code. All withdrawals of applications shall be in writing, signed by the applicant.
An application dismissed or denied shall not be refiled within a period of six months from the date of dismissal or denial unless substantial new facts are alleged and established to the satisfaction of the Board to exist.
An applicant may amend, modify or revise an application or appeal within 10 days after filing the same, without permission of the Board. Thereafter, any modification or revision of the application or appeal shall be permitted only with the permission of the Board, which may include the requirement that new notice pursuant to the provisions of § A219-5 hereof shall be given.
[Amended 12-16-1997; 2-21-2017]
Notice of public hearings before the Board shall be prepared by the Village Attorney, and shall be given as follows:
By the Board. A brief description of the nature of the application or appeal, together with the name of the applicant, the location of the premises concerned and the time, date and place of the hearing, shall be published in the official newspaper of the Village of North Hills at least 10 calendar days before the date of the hearing.
By the applicant. A notice of hearing, in a form prepared and provided by the Village, shall be sent at least 10 business days before the date of hearing, by first class mail and by certified mail, return receipt requested, to each owner of real property (including common area property and private roads) wholly or partly within 250 feet (inclusive of road widths) of any point of the property which is the subject of the application, said owners to be identified by the applicant from the current assessment map and roll of the Village of North Hills or such other municipality within which the property owned by such owners may be located. In addition, where the property which is the subject of an application is located within a homeowners' association, condominium or cooperative, the applicant shall give such notice in the same manner to the President of the governing body of each such homeowners' association, condominium or cooperative, and the managing agent of each such association, condominium and cooperative, at the address for such President and agent on file with the Village office.
Each application shall include a radius map satisfactory to the Building Official, showing all properties to be included in the service of notice pursuant to this rule, with the names and addresses of the owners thereof or other persons or entities to which notices are required to be sent.
Proof of service of such notices shall be filed with the Clerk at least five calendar days before the date of the hearing, and the return receipts or undelivered notices shall be filed with the Clerk on or before the business day prior to the date of the hearing. Any return receipts or returned notices received after the business day prior to the date of the hearing shall be delivered to the Clerk prior to the hearing, or as soon thereafter as practicable.
Prior to the commencement of the hearing, the Clerk shall verify that a proper radius map has been filed, and that proof of notice has been filed, as required by the Village Code and the Rules of the Board.
At any public hearing before the Board, the applicant or appellant, or any resident of, or owner of property in, or official of the Village of North Hills, and any other interested person, may appear in his or its own behalf, or by attorney, or by agent, authorized in writing, or personally by such person at the hearing.
At each public hearing, the following shall be the order of procedure:
Calling of the case by the Chair.
Motions as to jurisdictional or procedural questions.
Hearing, presentation of evidence, and questioning of those in favor.
Hearing, presentation of evidence, and questioning of those opposed.
Rebuttal by those in favor.
Rebuttal by those opposed.
Closing arguments by those opposed.
Closing arguments by those in favor.
Statements may be oral or written, but if in writing, shall be read aloud. Statements may be made in response to interrogation by an attorney. The Board may require proper identification of documents offered in evidence, and apply any other rules of evidence applicable for judicial proceedings under the laws of the State of New York.
[Amended 9-15-1998; 8-21-2007]
Orders, requirements, decisions or determinations of the Board of Appeals may be made in either of the following manners:
By resolution approved by at least a majority of the members of the Board, at an open meeting at which a quorum of the Board is present. Where a decision is issued by resolution, the filing date of the decision shall be the date when the minutes of the meeting at which the decision is made are filed in the office of the Clerk; or
By written decision, approved by signature of at least a majority of the members of the Board. Such signature may be evidenced by a signature facsimile affixed to such decision by authorization of the Board member whose signature is so affixed. Where a decision is issued by written decision, the filing date of the decision shall be the date on which the decision is filed in the office of the Clerk.
Within five days after filing, the Clerk shall give written notification of decisions, orders, requirements or determinations of the Board to any applicant. Within a reasonable time after filing, the Clerk shall give written notification of decisions, orders, requirements or determinations of the Board to any person who has requested such copy and provided the Clerk with a postage-paid envelope and paid any required copying charge.
The Board may, upon its own motion, reopen any order, requirements, decisions or determinations, as the case may be, where it may have reasonable cause to believe that an applicant or appellant has failed to comply with such order, requirements, decisions or determinations, or any part or condition thereof. The Board shall cause notice of such reopening to be sent by certified or registered mail to the applicant or appellant and shall publish said notice in the official newspaper of the Village. Said notice shall identify and describe the original order, requirement, decision or determination, and shall state in what manner the Board has reason to believe the applicant or appellant has failed to comply with the same. Said notice shall include the date, time and place where the applicant or appellant is required to appear before the Board for a hearing as to the compliance or noncompliance.
The Clerk shall circulate draft minutes of each meeting of the Board of Appeals to all members of the Board. A reasonable period of time shall be provided for each member to submit proposed changes or comments to the Chair. After the passage of such reasonable period of time, the Chair may direct the Clerk to file the minutes as approved, after making any changes which the Chair deems appropriate. Copies of the final minutes shall be distributed to each member of the Board of Appeals, and subsequent changes or corrections in the minutes may be made by majority vote of the Board.