A.
Pursuant to §§ 7-712 and 7-718 of the New York Village
Law, the Board of Trustees shall appoint a Development Board consisting
of five members. In doing so, the Board of Trustees shall designate
its Chairperson and shall provide for such expenses as may be necessary
and proper. In the absence of a Chairperson, the Development Board
may designate a member to serve as acting Chairperson. A member of
the Development Board shall not at the same time be a member of the
Board of Trustees. The Board of Trustees shall have the power to remove
any member of the Development Board for cause and after a public hearing.
B.
Members shall serve terms of five years. Expired terms shall continue
through the annual meeting of the Board of Trustees, to ensure continuity
of membership on the Development Board.
C.
If a vacancy occurs other than by the expiration of a term, it shall
be filled by the Board of Trustees for the period of the unexpired
term.
D.
Members of the Development Board shall be required to regularly attend
regular and workshop Development Board meetings and to complete four
hours of training annually as approved by the Director.
E.
The Board of Trustees shall not remove a member of the Development Board except for cause and only after public hearing before the Board. Failure to attend more than five regular and/or workshop meetings of the Development Board in one calendar year or to comply with minimum requirements related to training for members of the Development Board as set forth in § 106-108D herein shall constitute cause for removal. Nothing herein shall limit any other cause which may be grounds for removal.
A.
The Development Board may adopt rules and regulations in respect
to procedures before it and in respect to any subject matter over
which it has jurisdiction under this code or any statute after public
hearing by such Board and subject to the approval of this Board.
B.
The Development Board may employ such clerical or other staff or
consulting assistance as may be necessary, provided that it shall
not incur expenses beyond the amount of appropriations made available
by the Village Board of Trustees for such purposes.
C.
All meetings of the Development Board shall be held at the call of
the Chairperson and at such other times as the Board may determine.
The Chairperson or, in his or her absence, the acting Chairperson
may administer oaths and compel the attendance of witnesses. All meetings
of the Development Board shall be open to the public. The concurring
vote of a majority of all members shall be necessary to take action
on any matter before it.
D.
The Development Board shall keep minutes of its proceedings showing
the vote of each member on every decision. If a member is absent or
fails to vote, the minutes shall so indicate. Every rule and regulation,
every amendment or repeal thereof, and every order, requirement, decision,
interpretation, or determination of the Development Board shall immediately
be filed in the office of the Village Clerk and shall be a public
record.
A.
The Development Board shall hear and exercise the following powers
and duties:
(1)
To prepare, review and recommend changes to the Zoning Map and
this code;
(2)
To make investigations and reports relative to the planning
of the Village and its future growth and affording adequate facilities
for the housing, transportation, distribution, comfort, convenience,
safety, health and welfare of its population;
(3)
To approve all plats showing any streets or highways within
the Village;
(4)
To approve or disapprove changes in the lines of existing streets,
highways or public areas shown on subdivision plats or maps filed
in the County Clerk's office;
(5)
To recommend approval or disapproval of the laying out, closing
off or abandonment of such streets, highways or public areas under
and subject to the provisions of the Village and highway laws;
B.
The Development Board shall also exercise all other powers conferred
upon it by Village Law and this code and shall pass upon all matters
which may be referred to it from time to time by resolution of the
Board of Trustees. It shall conduct hearings and perform its duties
in accordance with Article 7 of the Village Law and any amendments
thereto.
The Village Clerk of the Village shall file with the Clerk of
the County of Essex and the County of Franklin a certificate, certifying
that the Development Board of the Village has been authorized to approve
plats showing new streets or highways in accordance with the provisions
of Article 7 of Village Law.
[Amended 10-15-2019 by L.L. No. 4-2019]
A.
Alternate members of the Development Board may be appointed by the
Board of Trustees and designated by the Chairperson of the Development
Board in accordance with the provisions of this section when a regular
member of the Development Board is unable to participate on an application
or matter before the respective board as set forth herein.
B.
The Board of Trustees shall appoint two alternate members to the
Development Board who shall serve for a term of five years. One alternate
member shall be designated as the "first alternate Development Board
member," and the other alternate member shall be designated as the
"second alternate Development Board member." No more than two alternate
members may serve at any time on the Development Board.
C.
The Chairperson of the Development Board may designate the first
alternate Development Board member to substitute for a member of the
Development Board when such member is unable to participate on an
application or matter before the Board due to illness, absence, conflict
of interest or other ethical consideration which results in a recusal
of that Board member from acting on the particular application before
the Board. If the first alternate Development Board member is unable
or unwilling to act, the Chairperson shall designate the second alternate
member to act.
D.
When designated, the alternate member shall possess all the powers
and responsibilities of such regular member of the Board. Such designation
shall be entered into the minutes of the initial Development Board
meeting at which the substitution is made. The appointed alternate
member shall participate as a member of the Development Board with
respect to the particular application only until final action has
been taken on the particular application.
E.
All provisions of state and local laws relating to Development Board
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provisions of Village Law
or a local law relating to training, continuing education, compensation
and attendance, shall apply to alternate members.
A.
The Development Board may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, interpretation, or determination
of the Director appealed from, and shall make such order, requirement,
decision, interpretation, or determination as in its opinion ought
to have been made in the matter by the Director. In so doing, the
Development Board shall have all the powers of the Director from whose
order, requirement, decision, interpretation, or determination the
appeal is taken. An appeal may be taken by any person aggrieved or
by any officer, department, board, or bureau of the Village, or by
referral from the Development Board.
B.
Appeals shall be taken within 60 days after the filing of any order,
requirement, decision, interpretation or determination of the Director
by filing with such official and with the Development Board a notice
of appeal specifying the grounds thereof and the relief sought. The
Director from whom the appeal is taken shall transmit to the Board
of Appeals all the papers constituting the record upon which the action
appealed from was taken.
A.
An applicant for a variance must file an application with the Director
in the the form prescribed by the Director. If the applicant is not
the owner of the property, the application must be accompanied by
a signed letter from the owner authorizing the applicant to apply
for the variance.
B.
Each variance application shall refer to the specific provision of
this code involved, shall specify the grounds for the variance requested,
and shall contain the following information and documents:
(1)
The name and address of the applicant (both physical and mailing);
(2)
The name and address of the owner of the lot to be affected
by such appeal (both physical and mailing);
(3)
A brief description and location of the lot to be affected by
such appeal;
(4)
A detailed project description;
(5)
A copy of the deed for the project area;
(6)
Five copies of a plot plan, drawn to scale with accurate dimensions,
showing the location of all existing and proposed structures on the
lot; and
(7)
Other pertinent information requested by the Development Board
(e.g., photos, restrictive covenants, septic system report, land survey,
elevation views, storm water management plan, soil and erosion control
plan, and/or a parking/lighting/utilities plan).
C.
The Director shall transmit to the Development Board all of the papers
constituting the record of the variance application.
D.
Any variance which is not exercised by receipt of site plan approval,
an approved special use permit, or issuance of building permit within
one year of the date of variance approval shall automatically lapse
without further hearing by the Development Board.
E.
Use variances.
(1)
The Development Board shall have the authority to grant a use
variance consistent with § 7-712-b(2) of the Village Law
and this code.
(2)
No use variance shall be granted without a showing by the applicant
that applicable zoning regulations and restrictions have caused unnecessary
hardship. In order to prove unnecessary hardship, the applicant shall
demonstrate to the Development Board that, for each and every permitted
use under this code for the district in which the applicant's property
is located:
(a)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(b)
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
F.
The Development Board, in granting any use variance, shall grant
the minimum variance that it deems necessary and adequate to address
the unnecessary hardship proven by the applicant and, at the same
time, preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
G.
Area variances.
(1)
The Development Board shall have the authority to grant an area
variance consistent with § 7-712(b)(3) of the Village Law
and this code;
(2)
In making its determination whether to grant an area variance,
the Development Board shall take into consideration the benefit to
the applicant if the variance is granted, as weighed against the detriment
to the health, safety, and welfare of the neighborhood or community
by such grant. In making such determination the Board shall also consider:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
(b)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the requested area variance will have an adverse effect
or impact on the physical or environmental conditions in the neighborhood
or district; and
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board, but which shall not
necessarily preclude the granting of the area variance.
(3)
The Development Board, in granting any area variances, shall
grant the minimum variance that it deems necessary and adequate and
at the same preserve and protect the character of the neighborhood
and the health, safety, and welfare of the community.
H.
Imposition of conditions. The Development Board shall, in granting
use variances and area variances or appeals, impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this code and shall be imposed for the
purpose of minimizing any adverse impact the variance or appeal may
have on the neighborhood or community.
A.
Upon the filing of a notice of appeal or a variance application with
the Director as required by this article, a public hearing by the
Development Board on such appeal or variance request shall be scheduled.
B.
Hearing and public notice.
(2)
At the hearing, any party may appear in person or by agent or
by attorney.
(3)
The Development Board may adjourn the hearing for a reasonable
period in order to cause such further notice as it deems proper to
be served upon such other property owners as it decides may be interested
in the appeal.
C.
Action.
(1)
In acting on an appeal, the Development Board may, in conformity
with the provisions of this code, reverse, affirm, or modify, wholly
or in part, the order, requirement, decision, or determination of
the Director in accordance with the provisions of this code.
(2)
In acting on a variance application, the Development Board may
deny, grant, or grant with conditions a variance from the specific
provision(s) of the Code involved in the application.
(3)
Any such action shall be decided within 62 days after the final
hearing.
(4)
Every decision of the Development Board shall be approved by
vote of a majority of the members by resolution which contains a full
record of the findings of the Development Board in the case.
D.
Filing. Every order, requirement, decision, interpretation, or determination
of the Development Board shall be filed immediately in the office
of the Village Clerk, and shall be a public record.
E.
Rehearing and review of prior decisions. Upon motion initiated by
any member and adopted by the unanimous vote of the members present,
the Development Board shall review, at a rehearing held upon notice
given as upon an original hearing, any order, requirement, decision,
interpretation, or determination of the Development Board not previously
reviewed. Upon such rehearing, and provided it shall then appear that
the rights vested prior thereto in persons acting in good faith in
reliance upon the order, requirement, decision, interpretation, or
determination reviewed will not be prejudiced thereby, the Development
Board may, upon the concurring vote of all the members then present,
reverse, modify, or annul its original order, requirement, decision,
interpretation, or determination.
F.
Expiration of appeal decision. Unless otherwise specified by the
Development Board, a decision on any appeal shall expire if the appellant
fails to obtain any necessary project permit within six months of
the date of such decision.
G.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Director certifies for the
Development Board, after the notice of appeal has been filed, that
such a stay of proceedings would, in his or her opinion, cause imminent
peril to life or property by reason of facts stated in the certificate.
In such a case, proceedings shall not be stayed except by a restraining
order granted by the Development Board or by the Supreme Court on
application, on notice to the Zoning Inspector for due cause shown.
The grant of a variance or an appeal shall serve as authorization
for the Director to issue a building permit, provided that the project
complies with all applicable provisions of this code, conditions of
approved site plan or special use permits and other applicable regulations.
