[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose 10-23-1978 by resolution. Amendments
noted where applicable.]
[Amended 1-23-2012 by L.L. No. 1-2012]
The following rules and regulations shall govern
the proceedings before the Board of Appeals and Architectural Review
Committee with reference to matters properly placed before each.
[Amended 1-23-2012 by L.L. No. 1-2012]
Each and every application to the Board of Appeals
or to the Architectural Review Committee shall be submitted by way
of six legible copies, in addition to the original thereof; and each
and every written presentation, in favor of the application or in
opposition thereto, shall be submitted in the original, together with
six legible copies. For good cause shown, either Board may waive this
requirement in an individual case. An application for such waiver
may be made directly to the Chairman of either Board, who may waive
the rule in the absence of a meeting by the Board.
[Amended 2-25-1980; 12-9-1996 by L.L. No. 3-1996]
Together with each applicant made to the Board
of Appeals for relief, the applicant shall deposit with the Village
Clerk a sum in the amount established by the Board of Trustees, by
duly adopted resolution, to cover the actual costs and expenses necessarily
incurred in connection with such application.
For each hearing with reference to an application
before it, the Board of Appeals shall engage a stenographer, who shall
make a stenographic record of such hearing and shall cause same to
be transcribed in the original only, such original transcript to be
filed with the office of the Village Clerk. In the event that any
person, including the applicant, shall desire a copy of that transcript,
he may do so by ordering a copy thereof directly from the stenographer
at the time of the hearing, and the person so ordering a copy of the
transcript shall be responsible for the payment of the stenographer's
fees with reference thereto.
Any applicant for relief before the Board of
Appeals may request that no stenographic transcript be made of the
proceedings with reference to his application. In that event, the
Board of Appeals may (but is not required to) direct that no stenographic
transcript be made. In requesting that no stenographic transcript
be made, the applicant thereby agrees to accept the minutes kept by
the Secretary of the Board of Appeals as a fun and accurate reflection
of the proceedings before the Board of Appeals.
[Amended 12-9-1996 by L.L. No. 3-1996; 1-23-2012 by L.L. No.
1-2012]
For each hearing with reference to an application
before it, the Architectural Review Committee shall cause its Secretary
to keep minutes of the meeting, which minutes shall be full and complete
evidence of the transactions before the meeting of the Architectural
Review Committee. In the event that an applicant shall request that
the Architectural Review Committee provide stenographic verbatim minutes
of its proceedings with reference to her/his application, s/he shall
do so in writing at the time of the submission of his application
and shall deposit with the Village Clerk an additional sum in the
amount established by the Board of Trustees by duly adopted resolution
to cover the actual costs and expenses necessarily incurred in connection
with his application.
[Amended 12-9-1996 by L.L. No. 3-1996; 1-23-2012 by L.L. No.
1-2012]
When it appears to either the Board of Appeals
or the Architectural Review Committee that any hearing to be conducted
by it will involve the expenditure by the Village or that Board of
sums of money for necessary purposes in excess of the sums of money
required to be deposited with the Village Clerk by this resolution,
either Board may require a deposit of a further sum of money, in the
amount established by the Board of Trustees, by duly adopted resolution
to cover such expenses, with its return to the applicant to be governed
by the rules set forth in this resolution.
[Amended 1-23-2012 by L.L. No. 1-2012]
Within 40 days after the Board of Appeals or
the Architectural Review Committee shall have rendered its decision
in any matter before it, the sum of money deposited with the Village
Clerk, pursuant to the provisions of these rules, shall be returned
to the applicant, less the sum of money expended by the Board of Appeals
or the Architectural Review Committee or the Village Clerk with reference
to required legal advertisements, personal notification of adjoining
landowners as may be required by law, stenographer's fees for attendance
and for the preparation of the original of the transcript above referred
to, the rental of a meeting room for the holding of any hearing which
cannot be accommodated (in the opinion of the relevant Board) in the
regular meeting room of the Board of Trustees and similar expenses
which would not have been incurred by the Board of Appeals or the
Architectural Review Committee or the Village Clerk in the absence
of the application under consideration. If such expenses shall exceed
the sum deposited, the Village Clerk shall make no refund, and the
applicant shall be indebted to the Village for such difference, making
payment therefor upon demand by the Village Clerk. By the filing of
his application and the receipt of a copy of these rules and regulations,
the applicant acknowledges his liability in that regard.
[Amended 2-25-1980; 1-13-1986; 12-9-1996 by L.L. No. 3-1996]
In addition to the deposit referred to above,
any person submitting an application to the Board of Appeals shall
pay an application fee in an amount established by the Board of Trustees
by duly adopted resolution, which shall be nonrefundable. Such application
fee shall be paid to the Village Clerk, who shall deposit the same
in the general funds of the Incorporated Village of Bellerose, in
reflection of the services necessary to be rendered, with reference
to each such application, by the Village Clerk and other employees
of the Incorporated Village of Bellerose.
[Added 3-20-2017 by L.L. No. 1-2017]
The Mayor, subject to the approval of the Board of Trustees,
shall appoint from time to time one alternate member for a term of
one year, to serve when a member is absent or unable to participate
because of a conflict of interest. The Chairperson of the Board of
Appeals shall designate the alternate member to substitute for said
member, and such alternate shall have all powers and responsibilities
of a member of the Zoning Board of Appeals while so designated.
[Amended 1-23-2012 by L.L. No. 1-2012]
At the conclusion of every hearing on an application,
the Board of Appeals and the Architectural Review Committee shall
meet in executive closed session to consider the merits of the application
and to vote thereon. The relevant Board may, in its discretion, cause
a stenographic transcript to be kept of each such executive session
or may, in its absolute discretion, dispense with a verbatim stenographic
transcript of such executive session, causing the minutes thereof
to be kept by its Secretary. In any event, the vote on each application
shall be recorded, by roll call, at any such executive session.
[Amended 1-23-2012 by L.L. No. 1-2012]
When the vote of either the Board of Appeals
or the Architectural Review Committee shall have been taken, its decision
with reference to the application shall be immediately communicated
to the Village Clerk, whether or not the stenographic transcript or
minutes of the executive session shall have been prepared at that
time. The Village Clerk shall make each such decision a matter of
record and shall cause the applicant to be notified thereof without
delay. Such notification shall be in writing and, in the case of the
rejection of the application, shall succinctly state the reasons for
such rejection.
[Amended 1-23-2012 by L.L. No. 1-2012]
For good reason and in its discretion, either
the Board of Appeals or the Architectural Review Committee may waive
any of the provisions of these rules, upon the vote of 3/4 of the
total membership of each such Board.
