[Amended 9-2-1992 by L.L. No. 4-1992]
A. 
Section 7-712, Subdivisions 2, 4 and 5, of the New York State Village Law are hereby repealed and superseded in their application to the Village of Saddle Rock.
B. 
A Board of Appeals, consisting of five members, shall be appointed by the Board of Trustees. Each member of the Board of Appeals shall have a term of five official years. The Board of Trustees shall designate one member of the Board as the Chairperson of such Board for a term coterminous with the term of such member. In the absence of the Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. The Board of Trustees may provide for compensation to be paid to experts, clerks and a secretary for such Board and may provide for such other expenses as may be necessary and proper.
C. 
The members of the Board of Appeals in office on the effective date of this section shall continue in office to the expiration of the terms for which they were appointed. Upon the expiration of any term of office, the Board of Trustees may appoint a successor, who shall have a term of office of five official years.
D. 
In addition to those powers otherwise prescribed by law, the Board of Appeals may, in a specific case and after public hearing in the same manner as required for a hearing on an application for a variance, and subject to appropriate conditions and safeguards to protect the public health, safety and general welfare, authorize the issuance of permits where the provisions of this Code so provide.
[Added 9-2-1992 by L.L. No. 4-1992]
A. 
Section 7-712-a, Subdivisions 2, 3, 5 and 10, of the New York State Village Law are hereby repealed and superseded in their application to the Village of Saddle Rock.
B. 
In addition to any other powers provided by law, the Board of Appeals shall have power to make rules for its procedures, not inconsistent with the provisions of this chapter or any general state law.
C. 
Every rule, regulation, order, decision or determination of the Board of Appeals shall be filed promptly in the office of the Village Clerk, where such rule, regulation, order, decision or determination results from an application to the Board, a copy thereof shall be mailed promptly to the applicant.
D. 
The Board of Appeals shall hear and determine appeals from and review any order, requirement, determination or decision of an administrative officer charged with the enforcement of this chapter and arising out of the enforcement of this chapter. Such an appeal may be taken by any person aggrieved or by an officer, board or department of the Village. The Board of Appeals shall also hear and determine all matters referred to it and as to which it shall have jurisdiction as provided by law. The concurring vote of a majority of the members of the entire Board of Appeals shall be necessary to make any determination.
E. 
(Reserved)
F. 
An appeal to the Board of Appeals shall be taken within 60 days after the filing of the order, requirement, decision or determination sought to be reviewed. Such appeal shall be taken by filing such appeal papers as may be required by rule or order of the Board of Appeals, and a copy of such papers shall be filed with the administrative official from whose order, requirement, decision or determination such appeal is taken.
G. 
The cost of serving or publishing any required notices relating to an appeal or other application to the Board of Appeals shall be borne by the appealing or applying party and shall be paid to the Board of Appeals prior to the commencement of any hearing on the application.
H. 
At least five days before the public hearing on any application, written notice of such hearing shall be sent to the Nassau County Planning Commission and to the regional State Park Commission having jurisdiction of any state park or parkway within 500 feet of the property which is the subject of such appeal.
[Added 11-3-2010 by L.L. No. 1-2010]
Section 7-712-a, Subsection 13, of the Village Law is hereby amended and superseded in its application to the Village, to read as follows:
13. Decisions. (a) Except as otherwise provided in Subsection 12 of Village Law § 7-712-a, every motion or resolution of the Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Board as fully constituted regardless of vacancies or absences. The failure of the Board to adopt a decision within any specific period of time shall constitute neither a denial nor an approval. Where an action is the subject of a referral to the county planning agency or regional planning council, the voting provisions of § 239-m of the General Municipal Law shall apply.
(b)
The Board of Appeals may render its decision on any appeal or application in a short form format, summarily setting forth the Board's determination and conditions, if any, without enumerating findings or conclusions which formed the basis for the determination. Within 30 days after filing of the short-form decision in the office of the Village Clerk, any appellant, applicant, or other person or persons jointly or severally aggrieved by the decision may file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a format containing the findings and conclusions which formed the basis for the Board's determination. The Village Clerk shall promptly deliver such written demand to the Chair, who shall promptly convene a meeting of the Board to render such long-form decision.
(i)
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. Where the Board renders or is required to render a long-form decision, the date of filing of the long-form decision with the Clerk shall be deemed the date of filing of the Board's decision for all purposes.
[Amended 9-2-1992 by L.L. No. 4-1992]
A. 
If the Board of Appeals shall determine that the conditional uses provided in this chapter will conform to the general character of the neighborhood to which the proposed use will apply and that the public health, morals, safety and general welfare of such neighborhood will be secure by granting such conditional use, then the Board of Appeals shall authorize the issuance of a permit. Otherwise, it shall deny an application for such conditional use, anything in this chapter notwithstanding.
B. 
(Reserved)
C. 
(Reserved)
[Amended 1-6-1969; 9-5-2007 by L.L. No. 3-2007]
A. 
Each variance granted by the Board of Appeals shall expire one year from the date the determination of the Board granting the variance is filed, unless the determination of the Board granting such variance imposes a different period of time; provided, however, that if substantial construction has taken place in accordance with the plans for which such variance was granted, the variance shall remain in effect as provided by law, and in accordance with any conditions imposed by the Board of Appeals.
B. 
In an appropriate case, the Board of Appeals may impose a condition that a permit shall expire after a period of time stated in the Board determination.
C. 
When the Board of Appeals has granted any variance or permit upon conditions, such variance or permit shall be null and void in the event the conditions are not fulfilled or performed with within the time provided by law, unless the Board of Appeals extends such period of time.
D. 
The Board of Appeals may extend the time in which conditions of an approval of a variance or permit must be fulfilled or performed, upon written application. Such application may be made before or after the expiration of the time in which such conditions are required to be fulfilled or performed.
E. 
The Board of Appeals may determine whether a public hearing is required for any such extension of time, or may waive any requirement for a public hearing for any such extension of time.
Upon the filing with the Board of Appeals of an appeal or of an application for a permit or variance, the Board of Appeals shall fix the time and place for a public hearing thereon and shall give notice thereof as hereinafter set forth. By publishing a notice thereof in a local newspaper or newspapers at least five days before such hearing, such notice shall state the location of the dwelling or building or lot and the general question involved.