Pursuant to the Town Law, the Town Board shall appoint a Zoning
Board of Appeals consisting of five members, shall designate its Chairperson
and also provide for compensation to be paid to said members and provide
for such other expenses as may be necessary and proper. A member of
the Board of Appeals shall not at the same time be a member of the
Town Board. The Town Board shall have the power to remove any member
of the Board of Appeals for cause and after public hearing.
Public notice of any required hearing by the Board of Appeals
shall be given in accordance with the Town Law as follows:
A. By publishing a notice of any appeal or application and the time
and place of the public hearing in the official newspaper of the Town
not less than five days prior to the date of such hearing.
B. By giving written notice of hearing to any appellant or applicant
and any other such notice to property owners in an affected area as
may be required by the Board of Appeals and to the Planning Board
not less than five days prior to such hearing.
C. By giving written notice of hearing to any required municipal, county,
metropolitan, regional, state or federal agency in the manner prescribed
by law.
The Board of Appeals shall hear and decide appeals from and
review any order, requirement, decision or determination made by the
Code Enforcement Officer under this chapter in accordance with the
procedure set forth herewith:
A. Notice of the appeal shall be filed with the Code Enforcement Officer,
in writing, in a form required by such Board, within 30 days of the
date of the action appealed from, specifying the grounds thereof.
B. Upon filing of a notice of appeal and payment of a filing fee set
from time to time by resolution of the Town Board, by the appellant
or applicant, the Code Enforcement Officer shall forthwith transmit
to the Board of Appeals all the papers constituting the record upon
which the action appealed from was taken.
C. After the review of an application, the Code Enforcement Officer
shall determine if a review meeting is necessary prior to a public
hearing, and shall set a reasonable date for the hearing of each appeal,
of which hearing date the appellant shall be given notice and at which
hearing he or she shall appear in person or by agent or by attorney.
D. An appeal stays all proceedings in furtherance of the action appealed
from, unless the Code Enforcement Officer certifies to the Board of
Appeals, after notice of appeals shall have been filed with him or
her, 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 or notice to the Code Enforcement Officer and
on due cause shown.
E. Following public notice and hearing, the Board of Appeals may reverse
or affirm, wholly or partly, or may modify the order, requirements,
decision or determination appealed from and shall make such order,
requirement, decision or determination as in its opinion ought to
be made in the premises, and to that end shall have the power of the
Code Enforcement Officer. If the action by the Board of Appeals is
to reverse the action of the Code Enforcement Officer in whole, the
filing fee shall be refunded to the appellant. The Board of Appeals
shall decide the same within 62 days following the final hearing.
If, in the opinion of the Board of Appeals, a performance bond
is required to guarantee the duly authorized completion of the project,
the applicant will post a performance bond with the Town Clerk in
an amount set by the Board of Appeals based upon the reasonable expected
cost of completion, and no building permit shall be issued until such
bond is posted, and no certificate of occupancy shall be issued until
all requirements of construction are fully met and the bonding company
is duly discharged.