Pursuant to an Intermunicipal Cooperation Agreement
between the Town of Highlands and the Village of Highland Falls, there
is hereby created a Board of Appeals to be known and designated as
the "Consolidated Zoning Board of Appeals of the Town of Highlands
and Village of Highland Falls."
A. The Consolidated Board of Appeals shall consist of
five members to be appointed and reappointed by the Town Board of
the Town of Highlands and the Board of Trustees of the Village of
Highland Falls in accordance with the provisions of the Intermunicipal
Cooperation Agreement, as may be amended.
[Amended 10-21-2013 by L.L. No. 2-2013]
B. The Consolidated Board of Appeals shall have all the
powers and duties prescribed by law, by the provisions of the this
chapter, the provisions of the Zoning Ordinance of the Town of Highlands
and as provided in the Intermunicipal Cooperation Agreement.
C. The Consolidated Board of Appeals shall appoint a
secretary and shall prescribe rules for the conduct of its affairs.
In accordance with the Intermunicipal Cooperation
Agreement with the Town of Highlands, the Consolidated Board of Appeals
shall make a determination of those matters properly brought before
the Board in accordance with the respective zoning codes, the provisions
of New York State Law, of the municipality in which the property is
located (either the Town of Highlands or the Village of Highland Falls)
and make a determination thereof in accordance with the appropriate
code and in accordance with the following standards:
A. No application for a variance shall be granted by
the Consolidated Board of Appeals unless it is shown that such application
meets and satisfies the standards set forth in the provisions of the
Town Law or the Village Law of the State of New York, as amended from
time to time, whichever is applicable and in effect at the time of
the filing of the variance application.
B. In addition, in the granting of any such variance
the Consolidated Board of Appeals may impose such further reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property, provided that such conditions
shall be consistent with the spirit and intent of this chapter and
shall be imposed for the purpose of minimizing any adverse impact
the variance may have on the neighborhood or community.
C. The variance granted by the Consolidated Board of
Appeals shall be the minimum variance it deems necessary and adequate
to preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
This article shall take effect upon the signing
of the Intermunicipal Cooperation Agreement with the Town of Highlands
and the filing of this chapter as required by law.