Village of Croton-on-Hudson, NY Appeals

The State of New York Fire Prevention and Building Code Council has determined that all local municipal petitions for more restrictive local standards than are prescribed in state codes must contain an appeals procedure whereby an aggrieved party may appeal from the more restrictive local standard. That Council has also promulgated guidelines for an appeals procedure for municipalities that have petitioned, or may subsequently petition, for more restrictive local standards.

The Village of Croton-on-Hudson has petitioned, or may subsequently petition, for more restrictive local standards. The purpose of this chapter is to establish an appeals procedure consistent with and conforming to the state guidelines.

In any instance in which the village, through any officer, employee, agent, board, agency or commission, seeks to apply to any party a local standard more restrictive or stringent than the otherwise applicable state code requirement, the applicant may appeal in accordance with the following appeal procedures:

The applicant's appeal shall be made to the Zoning Board of Appeals.

The appeal must be filed with the Zoning Board of Appeals no later than 90 days from the date of the determination sought to be appealed.

The grounds of appeal shall be any or all of the following:

(1)

That the determination will impose undue economic hardship or burden upon the applicant.

(2)

That the determination will restrict the achievement of a valid state or federal policy.

(3)

That compliance with the determination will be a physical or legal impossibility.

(4)

That the determination will impede the intended objective of the regulation.

(5)

That the determination is unnecessary, in light of viable alternatives that meet the intended objective of the more stringent local standard.

The appeal shall be conducted by the Zoning Board of Appeals at an open public hearing in accordance with procedures applicable to hearings upon applications for a variance from the village's Zoning Law.[1] Notice of the hearing shall be published and given to neighboring property owners in accordance with the procedures applicable to variance applications, and notice shall also be given to the municipal officer, employee, agent, board, agency or commission involved. Evidence shall be submitted at the public hearing in accordance with the standards generally applicable to variance proceedings.

[1]

Editor's Note: See Ch. 230, Zoning.

Any member of the Zoning Board of Appeals who is involved in a family, business or professional manner with the applicant shall excuse him/herself from that appeal proceeding.

The Zoning Board of Appeals shall render its decision no later than 60 days following the close of hearing unless the Board's second regular meeting following the close of hearing is not held within 60 days thereafter, in which event the time for the Board to render its determination shall be extended to no more than 75 days following the close of hearing.

In its determination of the appeal, the Zoning Board of Appeals may prescribe suitable remedies, including the imposition of appropriate conditions.

The Zoning Board of Appeals shall make and maintain an adequate record of the proceeding conforming to the practice generally applicable to variance proceedings.

An aggrieved party may institute a proceeding to review the determination of the Zoning Board of Appeals in the Supreme Court, Westchester County, pursuant to Article 78 of the Civil Practice Law and Rules and within the time limitation prescribed by Article 78 for the review of determinations of the Zoning Board of Appeals in zoning variance proceedings.