[HISTORY: Adopted by the Board of Trustees
of the Village of North Hills 9-11-1984 (Ch. A176 of the 1982 Code). Amendments noted where applicable.]
The office of the Board of Appeals shall be
at One Shelter Rock Road, North Hills, New York 11576, or in such
quarters as may be designated from time to time by the Board of Trustees.
The office shall be open for business during the hours of the days
of the week in which business of the Village of North Hills is normally
conducted.
[Amended 1-20-2015; 2-21-2017]
A.
There shall be a Chair and a Deputy Chair of the Board of Appeals.
There shall also be a Clerk, who shall be the Village Clerk, or such
other person as may be appointed by the Board of Trustees.
B.
The duties of the Chair shall be to see that the rules of the Board
are complied with; to call meetings of the Board; to preside at all
meetings of the Board; to administer oaths and compel attendance of
the witnesses, and to perform any other acts, as required by law.
(1)
Upon written request from an applicant, the Chair shall have authority
to grant requests for adjournment of a public hearing or consideration
of any other matter, with or without designating an adjourned hearing
date and time, without a meeting of the Board. This authority shall
be in addition to the authority of the Board to grant such relief
at any duly convened meeting of the Board. In any case where request
for adjournment of a hearing has been granted by the Chair pursuant
to this rule, notice of the adjournment, and any adjourned hearing
date and time designated by the Chair may be posted at the entrance
to Village Hall and on the Village website, which postings shall constitute
due notice of the adjourned hearing date.
(2)
The
Chair shall have authority, in the Chair's sole discretion: a)
to direct the time, date and place at which a public hearing shall
be held with respect to any completed application; and b) to authorize
copies of reports (or redacted copies of reports) received by the
Board to be released to any one or more persons or entities, provided
that such released reports are not exempt from disclosure pursuant
to the Freedom of Information Law.
[Added 2-28-2023]
C.
The duties of the Deputy Chair shall be those of the Chair in the
absence or inability of the Chair to act.
D.
The duties of the Clerk, in addition to those prescribed elsewhere
in these rules, shall be to maintain the Office and records of the
Board; to supply proper application blanks to persons seeking to commence
proceedings before the Board; to receive such applications when properly
completed and to issue receipts for fees received in connection therewith;
to bring to the attention of the Board all such applications or any
other matters related to the functions of the Board; to cause notice
of public hearings before the Board to be properly published as directed
by the Board or by these rules; to attend meetings of the Board and
to make or cause to be made a complete record of all proceedings before
it, including written or oral statements, affidavits, directions of
the Chair, and rulings, votes, orders, requirements, decisions and
determinations of the Board; to notify applicants or appellants of
determinations by the Board as soon as possible thereafter; to cause
to be filed immediately in the office of the Village Clerk as a public
record every order, requirement, decision, determination or rule of
the Board; and to carry out any other proper instructions of the Board
in connection with normal duties of a Clerk or Secretary of a Board
of Appeals.
[Amended 2-16-1993; 5-16-2017]
The fourth Tuesday of each month shall be the regular meeting
day of the Board, at 7:30 p.m., unless otherwise determined by the
Board. The Board may meet at other times determined by the Board or
at the call of the Chair on at least three days' written notice to
each member of the Board. Any meeting of the Board shall be open to
the public except where otherwise provided by law. Three members of
the Board shall constitute a quorum at any meeting, but if a quorum
is not present, those members of the Board who are present may adjourn
the meeting to another stated date.
[Amended 9-20-2022; 7-25-2023]
A.
Applications may be made directly to the Board for consents, permits
or variances, under the Code of the Village of North Hills, or the
laws of the State of New York, only in cases where no building permit
will be required to effect the purpose of the applications, or where
otherwise permitted by law. If a building permit will be required
under the Code of the Village of North Hills, then application must
first be made for same to the Building Official. If said permit is
denied by said Official on the grounds that a permit, consent or variance
must be granted by the Board of Appeals, then an application or appeal
may be made to the Board for such permit, consent or variance, or
other relief as may be permitted by law. Appeals may also be taken
to the Board in any other case where permitted by law.
B.
Applications or appeals to the Board may be made only by a real party
in interest, such as an owner, lessee or other person having a contractual
interest in the property concerned, and in case where such real party
in interest is a partnership, corporation, association or estate,
in its name by one of the partners, any officer thereof, or legal
representative as the case may be. In cases where an application or
appeal is made by a real party in interest who is a lessee or other
person having a contractual interest in the property concerned, or
other than an owner of the property, an affidavit of the owner expressing
confirmation and consent must be included in the application or appeal.
(1)
All applications to the Board of Appeals shall include the consent
of the owner(s) of the property which is the subject of the application.
Where the property which is the subject of the application is common
area of a condominium or homeowners' association or cooperative,
the consent of the managing body of such condominium or homeowners'
association or cooperative also shall be included.
C.
All applications or appeals to the Board shall be made upon the proper
form as prescribed by the Code Enforcement Officer or the Board, shall
contain all information required by that form, and shall be presented
to the Clerk, together with the prescribed fee. The Clerk shall cause
each such application or appeal to be examined to ascertain whether
it contains information sufficient to fully acquaint the Board or
any interested person with the nature of the appeal or application,
and information required as to the property concerned, the authority
sought, and all other matters relevant. If, in the opinion of the
Clerk, the application or appeal is sufficient and in proper form,
the Clerk shall cause such application or appeal to be scheduled and
noticed for a public hearing at the next regular meeting held more
than 30 days after the filing of the complete application or appeal.
If, in the opinion of the Clerk, the application or appeal is insufficient,
the Clerk shall return such application or appeal to the applicant
or appellant for completion or revision, as the case may be, as to
matters in which it is found insufficient. Upon completion or revision,
such application or appeal may be resubmitted to the Clerk.
D.
An appeal permitted by the Village Code, or any other law, from any
order, requirement, decision or determination of any administrative
official shall be made within 30 days after the filing of such order,
requirement, decision or determination and shall be on a form prescribed
by the Board. Such appeal shall be delivered to the Clerk, who shall
notify the official whose order, requirement, decision or determination
is appealed from.
E.
Each application and appeal filed in the proper form, with required
information, shall be numbered in accordance with the numbering system
adopted by the Village of North Hills. A separate file shall be maintained
for each application or appeal submitted to the Board, and all material
submitted to the Board shall remain therein. No such file or any part
thereof shall be removed from the office of the Board except upon
written authority of the Board and upon such conditions as it may
impose, or where required by lawful authority. Such file shall be
open to the inspection of any person at any time during the hours
when the office of the Board is open for business. An index system
of applications and appeals shall be maintained to enable any person
to be furnished any such file upon identifying the property. Copies
of the minutes of proceedings may be obtained upon payment of the
cost thereof to the Clerk.
F.
Any applicant or appellant may withdraw an application or appeal
at any time prior to determination, with the permission of the Board,
and any fee paid may be returned as may be permitted by the Village
Code. All withdrawals of applications shall be in writing, signed
by the applicant.
G.
An application dismissed or denied shall not be refiled within a
period of six months from the date of dismissal or denial unless substantial
new facts are alleged and established to the satisfaction of the Board
to exist.
H.
An applicant may amend, modify or revise an application or appeal within 10 days after filing the same, without permission of the Board. Thereafter, any modification or revision of the application or appeal shall be permitted only with the permission of the Board, which may include the requirement that new notice pursuant to the provisions of § A219-5 hereof shall be given.
I.
All documentation not included with an application, or any previous
amendment, modification or revision of an application, including exhibits
and information intended to supplement or support an application,
shall be filed with the Village Administrator at least seven business
days prior to the public hearing at which such documentation is intended
to be considered by the Board. Any documentation not so provided at
least seven business days before a hearing shall not be considered
by the Board at that hearing. Notwithstanding the foregoing, by unanimous
consent of all Board members present and voting, the Board may waive
this requirement with respect to documentation filed less than seven
business days prior to the hearing, or at the hearing, provided that
a) the applicant presents nine copies of all such documentation, and
one electronic copy, at least two business days prior to the hearing,
and b) the Board concludes that the circumstances permit the Board
to conduct a comprehensive review of the documentation prior to or
at the hearing."
[Amended 12-16-1997; 2-21-2017; 3-21-2017; 7-25-2023]
Notice of public hearings before the Board shall be prepared
by the Village Attorney, and shall be given as follows:
A.
By the Board. A brief description of the nature of the application
or appeal, together with the name of the applicant, the location of
the premises concerned and the time, date and place of the hearing,
shall be published in the official newspaper of the Village of North
Hills at least 10 calendar days before the date of the hearing, and
shall be mailed to any governmental entity entitled to such notice
as may be provided bylaw.
B.
By the applicant. A notice of hearing, in a form prepared and provided
by the Village, shall be sent at least 10 business days before the
date of hearing, by first class mail and by certified mail, return
receipt requested, to each owner of real property (including common
area property and private roads) wholly or partly within 250 feet
(inclusive of road widths) of any point of the property which is the
subject of the application, said owners to be identified by the applicant
from the current assessment map and roll of the Village of North Hills
or such other municipality within which the property owned by such
owners may be located. In addition, where the property which is the
subject of an application is located within a homeowners' association,
condominium or cooperative, the applicant shall give such notice in
the same manner to the President of the governing body of each such
homeowners' association, condominium or cooperative, and the
managing agent of each such association, condominium and cooperative,
at the address for such President and agent on file with the Village
office.
(1)
Each application shall include a radius map satisfactory to the Building
Official, showing all properties to be included in the service of
notice pursuant to this rule, with the names and addresses of the
owners thereof or other persons or entities to which notices are required
to be sent.
(2)
Proof of service of such notices shall be filed with the Clerk at
least five business days before the date of the hearing, and the return
receipts or undelivered notices shall be filed with the Clerk on or
before the business day prior to the date of the hearing. Any return
receipts or returned notices received after the business day prior
to the date of the hearing shall be delivered to the Clerk prior to
the hearing, or as soon thereafter as practicable.
C.
Prior to the commencement of the hearing, the Clerk shall verify
that a proper radius map has been filed, and that proof of notice
has been filed, as required by the Village Code and the Rules of the
Board."
[Amended 1-20-2015]
At any public hearing before the Board, the applicant or appellant,
or any resident of, or owner of property in, or official of the Village
of North Hills, and any other interested person, may appear in his
or its own behalf, or by attorney, or by agent, authorized in writing,
or personally by such person at the hearing.
A.
At each public hearing, the following shall be the order of procedure:
(1)
Calling of the case by the Chair.
(2)
Motions as to jurisdictional or procedural questions.
(3)
Hearing, presentation of evidence, and questioning of those in favor.
(4)
Hearing, presentation of evidence, and questioning of those opposed.
(5)
Rebuttal by those in favor.
(6)
Rebuttal by those opposed.
(7)
Closing arguments by those opposed.
(8)
Closing arguments by those in favor.
B.
Statements may be oral or written, but if in writing, shall be read
aloud. Statements may be made in response to interrogation by an attorney.
The Board may require proper identification of documents offered in
evidence, and apply any other rules of evidence applicable for judicial
proceedings under the laws of the State of New York.
[Amended 9-15-1998; 8-21-2007; 4-17-2012; 7-25-2023]
A.
Orders, requirements, decisions or determinations of the Board of
Appeals may be made in either of the following manners:
(1)
By resolution approved by at least a majority of the members of the
Board, at an open meeting at which a quorum of the Board is present.
Where a decision is issued by resolution, the filing date of the decision
shall be the date when the minutes of the meeting at which the decision
is made are filed in the office of the Clerk; or
(2)
By written decision, approved by signature of at least a majority
of the members of the Board. Such signature may be evidenced by a
signature facsimile affixed to such decision by authorization of the
Board member whose signature is so affixed. Where a decision is issued
by written decision, the filing date of the decision shall be the
date on which the decision is filed in the office of the Clerk.
B.
Within five days after filing, the Clerk shall give written notification
of decisions, orders, requirements or determinations of the Board
to any applicant. Within a reasonable time after filing, the Clerk
shall give written notification of decisions, orders, requirements
or determinations of the Board: i) to the managing body of any homeowners'
association, condominium or cooperative within which the subject property
is located; and ii) to any person who has requested such copy and
provided the Clerk with a postage-paid envelope and paid any required
copying charge.
The Board may, upon its own motion, reopen any
order, requirements, decisions or determinations, as the case may
be, where it may have reasonable cause to believe that an applicant
or appellant has failed to comply with such order, requirements, decisions
or determinations, or any part or condition thereof. The Board shall
cause notice of such reopening to be sent by certified or registered
mail to the applicant or appellant and shall publish said notice in
the official newspaper of the Village. Said notice shall identify
and describe the original order, requirement, decision or determination,
and shall state in what manner the Board has reason to believe the
applicant or appellant has failed to comply with the same. Said notice
shall include the date, time and place where the applicant or appellant
is required to appear before the Board for a hearing as to the compliance
or noncompliance.
[Added 8-21-2007]
The Clerk shall circulate draft minutes of each
meeting of the Board of Appeals to all members of the Board. A reasonable
period of time shall be provided for each member to submit proposed
changes or comments to the Chair. After the passage of such reasonable
period of time, the Chair may direct the Clerk to file the minutes
as approved, after making any changes which the Chair deems appropriate.
Copies of the final minutes shall be distributed to each member of
the Board of Appeals, and subsequent changes or corrections in the
minutes may be made by majority vote of the Board.
