[Amended 4-11-1995 by L.L. No. 1-1995]
The existing five-member Board of Appeals is
hereby continued. Their successors shall be appointed in accordance
with the provisions of the Village Law. The Village Board shall designate
the Chairman from the Board of Appeals' membership.
[Added 11-30-1999 by L.L. No. 2-1999]
The Board of Trustees of the Village of Spring
Valley may, in any year it deems necessary, appoint two alternate
members to the Zoning Board of Appeals to serve as provided for in
this section. Such alternate members shall be appointed for a two-year
term of office. The Chairman of the Zoning Board of Appeals shall
assign such alternate members as necessary when absence of regular
members of said Board or the conflict of interest of regular members
of said Board would otherwise prevent five members of said Board from
considering any pending matter. Once designated to serve on a particular
matter before the Board, alternate members shall have the same powers
and duties as regular members of the Board until that matter is concluded.
Any determination of said Board consisting of an alternate member
or members shall have the same weight and be entitled to the same
authority as the act or deed of the regular Zoning Board of Appeals,
and all laws, statutes and regulations shall apply and be applied
with equal force and effect. Such alternate members appointed pursuant
to this section shall be paid for their respective services as fixed
by resolution of the Board of Trustees.
[Amended 1-28-1986 by L.L. No. 1-1986; 4-11-1995 by L.L. No. 1-1995]
Meetings shall be held at the call of the Chairman
and at such other times as the Board may determine. The Board shall
adopt rules and regulations governing its procedures. The presence
of three members of the Board shall be necessary for a quorum. The
concurring vote of three members shall be necessary to affect any
variation or variance in this chapter, to reverse any order, requirement,
decision or determination appealed from or to decide in favor of the
applicant any matter before the Board. The Board shall keep minutes
of its proceedings, showing the vote of each member on every question,
or, if any member is absent or fails to vote, indicating that fact,
and shall also keep records of its examinations and other official
actions. Every rule, determination, regulation, amendment or appeal
thereof and every order, requirement and decision of the Board shall
promptly be filed within five days in the office of the Board and
with the Village Clerk.
[Amended 4-10-2012 by L.L. No. 3-2012]
A variance granted under this chapter shall automatically expire
if substantial construction, in accordance with the plans for which
such variance was granted, has not been completed within 18 months
or such other time limit as may be chosen by the Board of Appeals
in connection with its decision, from the date of granting such variance
by the Board or within 18 months from the date of the approval of
the final site plan by the Planning Board, whichever occurs later.
If judicial proceedings to review the Zoning Board of Appeals decision
shall be instituted, the variances shall expire 18 months from the
date of entry of the final order in such proceedings, including all
appeals.
Every application or appeal to the Board of
Appeals shall be subject to a fee as set forth in the Standard Schedule
of Fees of the Village of Spring Valley.