[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville 10-20-1998 by L.L. Nos. 1-1998, 2-1998 and 3-1998.
Amendments noted where applicable.]
[Amended 7-21-2009 by L.L. No. 1-2009]
A.
(Reserved)
B.
Subdivision 11.
(1)
Subdivision
11 of § 7-712 of the Village Law, which section was last
amended by Chapter 662 of the Laws of 2006, is hereby superseded and
amended in its application to the Village of Upper Brookville to read
as follows:
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§ 7-712 Zoning Board of Appeals.
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11.
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Alternate members.
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a.
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A Village Board of Trustees may, by local law
or as a part of the local law creating the Zoning Board of Appeals,
establish alternate Zoning Board of Appeals member positions for purposes
of substituting for a member in the event such member is unable to
participate because of a conflict of interest or is otherwise absent.
Alternate members of the Zoning Board of Appeals shall be appointed
by the Mayor, subject to the approval of the Board of Trustees, for
terms established by the Village Board of Trustees.
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b.
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The chairperson of the Zoning Board of Appeals
may designate an alternate member to substitute for a member when
such member is unable to participate because of a conflict of interest
or is otherwise absent on an application or matter before the Board.
When so designated, the alternate member shall possess all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Zoning Board of Appeals
meeting at which the substitution is made.
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c.
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All provisions of this section relating to Zoning Board of Appeals
member training and continuing education, attendance, conflict of
interest, compensation, eligibility, vacancy in office, removal, and
service on other boards, shall also apply to alternate members.
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(2)
Pursuant
to § 7-712, Subdivision 11, of the Village Law, as amended
above, the Board of Trustees of the Incorporated Village of Upper
Brookville hereby establishes two positions of alternate members to
the Zoning Board of Appeals, each position to have a one-year term.
The following subdivisions of § 7-712-a
of the Village Law, as last amended by Chapter 235 of the Laws of
1996, are hereby superseded and amended in their application to the
Village of Upper Brookville to read as follows:
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§ 7-712-a Board of Appeals procedure.
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6.
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Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from (except actions or proceedings
pending in Village Court or any court of record relating to existing
zoning violations when the appeal is made) unless the administrative
official charged with the enforcement of such local law, from whom
the appeal is taken, certifies to the Board of Appeals, after the
notice of appeal shall have been filed with the administrative official,
that by reason of facts stated in the certificate a stay would, in
his or her opinion, cause imminent peril to life or property, in which
case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Appeals or by a court of
record on application, on notice to the administrative official from
whom the appeal is taken and on due cause shown.
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8.
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Time and form of decision. The Board of Appeals
shall decide upon the appeal within 62 days after the conduct of said
hearing. The time within which the Board of Appeals must render its
decision may be extended by mutual consent of the applicant and the
Board. The Board of Appeals may render its decision on any appeal
or application in a short-form format setting forth the Board's determination
and conditions, if any, without enumerating the findings which form
the basis for its determination. Any appellant or applicant or person
or persons jointly or severally aggrieved by a decision of the Board
of Appeals may, within 30 days after the filing of the short-form
decision in the office of the Village Clerk, file a written demand
with the Village Clerk demanding that the Board of Appeals render
its decision in a long-form format containing findings which formed
the basis for the Board's determination. The Village Clerk shall promptly
deliver this written demand to the Chairman of the Board of Appeals.
The Chairman shall then cause the long-form decision to be prepared
and, upon its approval by the Board, file it with the Village Clerk.
In cases where the Board renders a short-form decision and no written
demand requesting a long-form decision is filed within the required
thirty-day period, the date of filing of the short-form decision with
the Village Clerk shall be deemed the date of the filing of the Board's
decision for all purposes. In cases where the Board renders or is
required to render a long-form decision, the date of the filing of
the long-form decision with the Clerk shall be deemed the date of
filing of the Board's decision for all purposes.
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9.
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Filing of decision and notice. The decision
of the Board of Appeals on the appeal or other application shall be
filed in the office of the Village Clerk within 10 business days after
the day such decision is rendered and approved by the Board and a
copy thereof mailed to the applicant.[1]
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[1]
Editor's Note: Former § 4-3, Amendment
of Village Law § 7-712-b, adopted 10-20-1998 by L.L. No.
3-1998, which immediately followed this section, was repealed 12-16-2003
by L.L. No. 4-2003.
