A.
The Zoning Board of Appeals shall consist of five
members. Their successors shall be appointed in accordance with the
provisions of the State of New York Town Law. The Town Board shall
designate the Chairman from the membership of the Zoning Board of
Appeals.
B.
The Town Board of the Town of Haverstraw shall appoint
a Secretary to the Zoning Board of Appeals. The Zoning Board of Appeals
shall prescribe rules for conducting its affairs.
[Amended 2-14-1994 by L.L. No. 2-1994]
C.
Successors to the existing Zoning Board of Appeals
shall be appointed for terms of five years following the expiration
of the terms of their predecessors in office. If a vacancy occurs
other than by expiration of a term, it shall be filled by the Town
Board by appointment for the unexpired term.
D.
The Town Board shall have the power to remove any
member of the Zoning Board of Appeals for cause, after a public hearing.
A.
General. The Zoning Board of Appeals may adopt rules
and regulations with respect to procedures before it and with respect
to any subject matter over which it has jurisdiction, subject to the
approval of the Town Board. Such regulations shall include provisions
for the conduct of meetings, notification of parties, form of applications
and filing of decisions.
B.
Quorum. A quorum shall consist of a majority of the
total membership of the Zoning Board of Appeals.
[Amended 7-8-1991 by L.L. No. 3-1991]
C.
Minutes. The Zoning Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon each question,
and shall keep records of its examinations and other official actions
and deposit same with the office of the Town Clerk.
A.
A complete application must include all of the following:
(1)
Applications and appeals made to the Zoning Board
of Appeals shall be in writing.
(2)
Applications and appeals shall be on the official
forms of the Zoning Board of Appeals.
(3)
Applications and appeals shall be submitted to the
Secretary of the Zoning Board of Appeals at least two weeks prior
to the next scheduled meeting.
(4)
Twelve copies of a survey certified by a New York
State licensed surveyor, dated within one year of the date of an application
to the Zoning Board of Appeals, shall be submitted, together with
the above-noted items.
B.
Fees. Upon the filing of an application or appeal
to the Zoning Board of Appeals, a fee shall be payable to the Town
of Haverstraw in accordance with the Standard Schedule of Fees adopted
by the Town Board and as amended periodically.
C.
Time limit. Appeals to the Zoning Board of Appeals
or requests for review from any order, requirement, decision and/or
determination of the Building Inspector must be filed no later than
60 days from the date of filing of the order, requirement, decision
and/or determination by the Building Inspector. Appeals filed beyond
this time limit are invalid and shall not be considered by the Zoning
Board of Appeals, unless the Zoning Board of Appeals is directed to
hear the same by a court of competent jurisdiction.
[Amended 8-13-2012 by L.L. No. 3-2012]
The Zoning Board of Appeals shall have all the
powers and duties prescribed by the State of New York Town Law and
this chapter, as both are amended periodically, including but not
limited to the following:
A.
Appeals. The Zoning Board of Appeals shall hear and
decide appeals from and review any order, requirement, decision or
determination of the Building Inspector or such other official charged
with the enforcement of this chapter. In addition, the Zoning Board
of Appeals may not waive the requirements of the Master Plan of the
Town of Haverstraw.
B.
Interpretation. On an appeal from any order, requirement,
decision or determination made by an administrative official or by
the Building Inspector, the Zoning Board of Appeals shall decide any
of the following questions:
C.
Variances. On appeal from an order, requirement, decision
or determination made by the Building Inspector or on referral of
an applicant to the Zoning Board of Appeals by an approving agency
acting pursuant to this chapter, the Zoning Board of Appeals is authorized
to vary or modify the strict letter of this chapter where its literal
interpretation would cause practical difficulties or unnecessary hardships,
as specified in this section, in such manner as to observe the spirit
of the chapter and to protect the safety and welfare of the public
and do substantial justice.
(1)
Bulk variances. The Zoning Board of Appeals may grant
a variance in the application of the Bulk Requirements of this chapter.[1] In making this determination, the Zoning Board of Appeals
shall make each and every one of the following findings:
(a)
The variation is not substantial in relation
to the requirements of this chapter.
(b)
The effect of any increased population density
which may thus be produced upon available services and facilities
is not significant.
(c)
A substantial change in the character of the
neighborhood or a substantial detriment to adjoining properties will
not be created.
(d)
The situation cannot be alleviated by some feasible
method other than a variance.
(e)
In view of the manner in which the difficulty
arose and considering all of the above factors, the interests of justice
will be served by allowing the variance.
(f)
The variance would not cause adverse aesthetic,
environmental or ecological impacts on the property or on surrounding
areas.
[1]
Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.
(2)
Use variances. Where, because of unnecessary hardship
relating to the land for a use not allowed in the zoning district
in which the land is located, an applicant requests a variance of
the use requirements of this chapter, the Zoning Board of Appeals
may grant a variance in the application of the provisions of this
chapter in the specific case, provided that, as a condition to the
granting of any such variance, the Zoning Board of Appeals shall make
each and every one of the following findings:
(a)
After considering all permitted uses, the property
in question cannot yield a reasonable return if used only for a purpose
permitted in the zoning district.
(b)
The plight of the owner is due to unique circumstances
affecting the property which is the subject of the application and
not due to general conditions in the neighborhood.
(c)
The use to be authorized by the variance will
not alter the essential character of the locality.
(d)
The use to be authorized by the variance is
in reasonable harmony with the intent of this chapter.
(e)
The unnecessary hardship claimed as a ground
for the variance has not been created by the owner or by the predecessor
in title; mere purchase of the land subject to the restrictions sought
to be varied shall not constitute a self-created hardship.
(f)
Within the intent and purposes of this chapter,
the variance, if granted, is the minimum variance necessary to afford
relief. To this end, the Zoning Board of Appeals may permit a lesser
variance than that for which application is made.
D.
Special permits.
(1)
In addition to such powers as may be conferred on
it by statute, the Zoning Board of Appeals shall have the power, on
application and after public notice and hearing, to issue special
permits for any of the uses specified in Use Table, Column 3, subject
to the additional requirements and conditions therein or enumerated
in Column 9.[2] In issuing such special permit, the Zoning Board of Appeals
shall take into consideration the public health, safety and welfare
and the comfort and convenience of the public in general and of the
residents of the immediate neighborhood in particular. The Zoning
Board of Appeals may prescribe such appropriate conditions and safeguards
as may be required in order that the result of its action shall, to
the maximum extent possible, further the expressed intent of this
chapter.
[2]
Editor's Note: The Tables of General Use Requirements
are included at the end of this chapter.
(2)
The Zoning Board of Appeals may require that the granting
of a special permit be conditioned upon, but not limited to, the following:
(3)
Any use for which a special permit may be granted
shall be deemed to be a conforming use in the district in which such
use is located, provided that such special permit shall affect only
the lot or portion thereof for which such special permit shall have
been granted.
(4)
Special permits shall be deemed to be indefinite authorization
unless otherwise specified in the approval thereof. Such period may
be extended on separate application to the Zoning Board of Appeals.
E.
General powers. The Zoning Board of Appeals shall
have the power to grant any extension or modification as provided
in this chapter. The enumeration of these specific powers is not intended
to exclude thereby any other power set forth in the State of New York
Town Law or this chapter.
A.
General procedure. The procedure for conducting a
public hearing before the Zoning Board of Appeals is:
(2)
The Zoning Board of Appeals shall publish a legal
notice of public hearing in the official newspaper of the Town of
Haverstraw at least five days prior to the hearing date, and the applicant
shall bear the cost of the publication of such notice of public hearing.
The applicant shall submit proof that he has met the requirements
of the affidavit of public notice, which proof shall include certified
mail receipt and affidavit of mailing.
(3)
The Zoning Board of Appeals shall refer to the Rockland
County Commissioner of Planning for his review and recommendation
all matters within the purview of Article 12-B, §§ 239-l
and 239-m, of the General Municipal Law. The Rockland County Commissioner
of Planning shall render his recommendation within 30 days of referral
or within an extended time period if granted by the Zoning Board of
Appeals.
(4)
The applicant must give notice to owners of property
adjacent to the applicant's property. The applicant shall mail notices
of the public hearing at least five days prior to the date of the
public hearing to said owners by certified mail and shall submit proof
to the Zoning Board of Appeals that he has met the requirements of
the affidavit of public notice, which proof shall include certified
mail receipt and affidavit of mailing.
[Amended 7-8-1991 by L.L. No. 3-1991]
(5)
The Zoning Board of Appeals may refer any application
to such engineering, planning, technical or environmental consultants
as the Board may deem reasonably necessary to enable it to review
the application.
(6)
The applicant shall reimburse the Town for the use
of the Town's facilities, processing, staff and consultant's services
in accordance with the Standard Schedule of Fees as adopted by the
Town Board and periodically amended.
B.
Every decision of said Zoning Board of Appeals shall
be by resolution which shall be filed in the office of the Town Clerk
within five business days of the date of the resolution, and a copy
of such resolution shall be mailed to the applicant.
[Amended 8-13-2012 by L.L. No. 3-2012]
C.
Building permit or certificate of occupancy. The Zoning
Board of Appeals, after a public hearing, shall have the power to
direct the Building Inspector to issue a building permit, certificate
of occupancy or certificate of use, as the case may be, subject to
all applicable laws, codes, rules and regulations.
Any person aggrieved by any decision of the
Zoning Board of Appeals hereunder may appeal, within 30 days of the
filing of the decision with the office of the Town Clerk, pursuant
to Article 78 of the New York State Civil Practice Law and Rules.
[Added 1-27-2003 by L.L. No. 1-2003]
A.
Minimum attendance requirements. Members of the Zoning
Board of Appeals shall be required to attend 75% of all regularly
scheduled meetings and special meetings that are conducted in each
calendar year.
B.
Removal for nonattendance. In the event that a member does not attend 75% of all the regularly scheduled meetings and special meetings set forth in Subsection A hereinabove, the Town Board shall have the full discretion and authority to decide whether or not to remove a member from the Zoning Board of Appeals. The Town Board shall consider whatever factors it believes to be relevant in making this determination, including the reasons for the absences, but the Town Board shall not be required to accept any excuse or reason for nonattendance, as it sees fit. The Town Board shall not be required to hold a public hearing prior to taking any action to remove a member.
