A.
Zoning Board of Appeals. The Town of Forestburgh Zoning Board of
Appeals (ZBA), established pursuant to the New York State Town Law,
shall consist of five members, including a Chairperson appointed by
the Town Board. Appointments shall be in accordance with the New York
State Town Law, and an appointment to a vacancy occurring prior to
the expiration of a term shall be for the remainder of the unexpired
term. In the absence of a Town Board appointment of a Chairperson
or in the absence of the Board member so appointed, the ZBA may designate
a member to serve as Acting Chairperson.
B.
Alternate members. The Town Board hereby elects to supersede the
New York State Town Law and to provide, pursuant to the New York State
Municipal Home Rule Law, for the appointment of one alternate member
of the ZBA to serve for a term of one year or until a successor is
appointed. Such alternate member shall attend meetings and shall act
in the capacity of a full member whenever regular members are absent
or must recuse themselves due to conflicts of interest.
The ZBA shall have the powers and duties authorized by the New
York State Town Law and shall have the following additional powers
and duties, provided that none of the following provisions shall be
deemed to limit any power of the ZBA that is conferred by law:
A.
The ZBA shall, upon request from or appeal of a decision by the Code
Enforcement Officer or any administrative body of the Town of Forestburgh,
including the Town Board, decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
A.
Appeals and applications for variance and interpretation. The ZBA
shall act in accordance with the procedure specified by law and by
this chapter. The ZBA may establish its procedures and requirements,
within the framework provided by law and this chapter, for conducting
its business. All appeal, variance and interpretation applications
made to the ZBA shall be in writing on forms prescribed by the Board
or provided for herein. Every application shall refer to the specific
provision of the chapter involved and shall exactly set forth the
interpretation that is claimed, the use which is involved or sought,
and the details and type of the variance that is applied for and the
grounds on which it is claimed that the variance should be granted,
as the case may be. Every decision of the ZBA shall be by resolution,
each of which shall contain the findings of the Board in the particular
case.
B.
Required copies and fees. Applications and supporting documentation,
in accordance with the ZBA's rules, shall be filed with the Town Clerk,
accompanied by an application fee in the amount set from time to time
by resolution of the Town Board.
C.
Content of appeal or application. Each appeal or application shall
fully set forth the circumstances of the case and contain the following
information and documentation:
(1)
The name, address and telephone number of the property owner and,
if different, the name, address and telephone number of the applicant(s).
(2)
Address, tax identification number for the property, existing use,
acreage of parcel, and zoning district(s) designation.
(3)
A narrative description of the proposed development project, with
reference to the applicable use and other regulations of this chapter.
(4)
A copy of the recorded deed must be furnished evidencing ownership
of the property, together with copies of any leases, development agreements
or other agreements between the property owner and the applicant(s).
(5)
A list of all federal, state and other permits and other governmental
approvals that would be required to implement the development project.
(7)
Signature of the applicant, or the owner and the applicant, if the
applicant is not the owner, attesting to the accuracy of the statements
and representations made in the application.
(8)
Copy of the permit application, any materials submitted with the
application, and a copy of the Code Enforcement Officer's denial if
applicable.
D.
Public hearings.
(1)
The ZBA shall fix a time for any required public hearings, give public
notice thereof and issue decisions in accordance with the provisions
of law. The applicant shall bear the cost of advertising and required
public notice for public hearings. The ZBA shall comply with SEQRA.
The ZBA shall hold a public hearing to consider each appeal and application
for a variance or interpretation (as applicable) prior to rendering
any decision on an application or appeal. This public hearing may
begin concurrently with any required public hearing for the purpose
of environmental review.
(2)
Notification to all property owners within 500 feet of the perimeter
of the subject parcel shall be made by the applicant 14 days' prior
to the hearing. However, the ZBA at its discretion may require broader
notification. All notifications shall be made via certified mail,
with proof of mailing obtained from the U.S. Postal Service, and at
the applicant's expense, which shall be provided to the ZBA prior
to the hearing.
(3)
The hearing on the application shall be advertised by the applicant
at least once in the official newspaper so designated by the Town
Board at least five days before such hearing. The applicant shall
provide an affidavit of publication prior to the hearing. The applicant
shall also post a sign, measuring a minimum of 20 inches by 24 inches,
prominently placed on the property and visible from the road, notifying
interested persons that an application is under consideration by the
Zoning Board. In cases where a property has frontage on more than
one street, an additional sign must be placed at or near the property
line on any additional street frontage so that the sign will be plainly
visible from the street on which it has such additional frontage.
The sign shall be posted for a minimum of 14 days' prior to the public
hearing. The ZBA may provide that the hearing be further advertised
in such manner as it deems most appropriate. All notices shall include
the name and nature of the application and the relief sought from
the ZBA. Such notice shall not be required for adjourned dates.
E.
Appearances. On hearing of an application or appeal, an applicant
may either appear in person or by a representative who need not be
an attorney. If the applicant is to be represented by a person who
is not an attorney, a notarized owner's proxy must be presented to
the ZBA prior to the hearing. The applicant or applicant's representative
must appear before the ZBA when the application is on the agenda and
must attend the public hearing and describe the application to the
Board of
F.
Appeals. The ZBA may not hold a hearing on an application unless
the applicant or his/her representative is present. The ZBA may deem
an application abandoned if an applicant fails to appear to a meeting
in which the application is scheduled to be heard without notice and
prior approval from the ZBA chairperson.
G.
Conduct of proceedings. The ZBA shall make its findings and determinations
based upon substantial evidence contained in the record of its proceedings.
It shall be the responsibility of the applicant to present evidence
in the form of testimony, exhibits, documents, models, plans and the
like to support the application for approval of a variance or a favorable
decision upon an appeal.
H.
Referrals. The ZBA may refer applications for variances and appeals
for review by the Fire Department, the Highway Department, and any
other Town officials or non-Town consultants deemed appropriate by
the ZBA. Any comments from these reviewers shall be forwarded to the
ZBA to aid its decision on the application or appeal.
I.
Inspection. The ZBA may defer decision on any matter for the purpose
of an appropriate inspection by the ZBA or any other agency that it
deems to be an interested agency or to hear witnesses or procure the
submission of pertinent records. An appeal or application on which
determination by the Board is to be deferred shall become an item
of business at the next public meeting of the ZBA.
J.
Imposition of conditions.
(1)
In granting a variance, the ZBA shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the application and as are, in the opinion of
the ZBA, required to promote the intent and purposes of the Comprehensive
Plan of the Town and this chapter. Such conditions shall be based
on competent credible evidence on the record, be incorporated into
the decision, and may include, without limitation, provisions for:
(a)
Minimizing adverse impact of the development upon other land;
(b)
Ensuring that the type, intensity, design, location, character
and performance of activities shall be in harmony with the orderly
development of the Town;
(c)
Controlling the duration of use or development and the time
within which any temporary structure must be removed;
(d)
Designating the exact location and nature of development;
(e)
Establishing detailed records by submission of drawings, maps,
as-built plans, plats or specifications;
(f)
Ensuring all proposed structures, equipment and materials shall
be readily accessible for fire and police and other emergency responder
protection;
(g)
Ensuring that the nature and intensity of operations involved
in or conducted in connection with the proposed use, its site layout
and its relation to access streets be such that both pedestrian and
vehicular traffic to and from the use and assembly of persons in connection
therewith will not be hazardous or inconvenient to or incongruous
with the Town or conflict with the normal traffic of the Town;
(h)
The payment of all fees;
(2)
Failure to abide by any conditions attached to a permit or a variance
shall be a violation of this chapter and subject to appropriate enforcement
action, including suspension or revocation of the permit or variance.
K.
Conduct of ZBA. ZBA action on applications and appeals shall additionally
be subject to the following:
(2)
Every decision of the ZBA shall fully set forth in a statement the
circumstances of the case and shall contain a record of the findings
on which the decision is based. The decision shall be mailed to the
applicant or transmitted electronically. Every decision shall be filed
in the office of the Town Clerk within five business days, and additional
copies shall be submitted to the Planning Board and the Code Enforcement
Officer.
(3)
Upon denial of an application for use variance or area variance,
the ZBA shall so inform the Code Enforcement Officer, and the Code
Enforcement Officer shall not issue a zoning or building permit or
certificate of occupancy to the applicant.
A.
No existing violations. No use variance shall be issued, and no application
for a use variance shall be considered by the ZBA, for a property
where there is an existing violation of this chapter or the Property
Maintenance Code upon such property. Other than an existing violation
which is the subject of the area variance application being considered,
no area variance shall be issued, and no application for an area variance
shall be considered by the ZBA for a property where there is an existing
violation of this chapter or the property maintenance code upon such
property or other Forestburgh property owned by the applicant.
C.
Failure to complete construction. Any area variance or use variance
granted pursuant to this chapter shall automatically expire and be
of no further force and effect 12 months after the granting thereof
unless, within such twelve-month period, construction is substantially
complete. The ZBA shall be authorized, upon application and without
hearing, to grant extensions of the variance for periods not to exceed
six months in duration or to reinstate a lapsed variance for good
cause shown.
Applications for an area variance or use variance shall be subject
to the review standards and considerations set forth in Town Law § 267-b.
