A. 
There shall be a Board of Appeals, consisting of five members, established in accordance with the provisions of Village Law § 7-712 and having the powers and duties prescribed by law.
[Amended 2-21-1972; 3-20-1989 by L.L. No. 5-1989]
B. 
Alternate members.
[Amended 2-21-1972; 3-20-1989 by L.L. No. 5-1989; 10-26-1998 by L.L. No. 2-1998]
(1) 
Pursuant to the Municipal Home Rule Law, Village Law § 7-712, Subdivision 11, is hereby repealed and superseded in its application to the Village of Woodsburgh.
(2) 
Subject to the approval of the Board of Trustees, the Mayor may appoint not more than three alternate members of the Board of Appeals to serve in order of seniority in place of any members of the Board of Appeals, or senior alternate members, who are unable for any reason to attend any particular meeting of the Board. The alternate members of the Board shall have all of the powers and duties of regular members at such times as the alternate members are serving. Such alternate members shall be appointed for terms of one official year each.
C. 
All meetings of the Board of Appeals shall be public, as otherwise required by law. A quorum shall consist of three members. The Board of Appeals shall keep minutes of its proceedings, as required by law. The concurring vote of at least three members of the Board shall be required to take any action or to make any determination, except where a greater number is required by law.
[Amended 2-21-1972; 3-20-1989 by L.L. No. 5-1989]
D. 
The Board of Appeals shall adopt, from time to time, such rules and regulations as it may deem necessary to interpret and carry into effect the provisions of this chapter and it shall make rules as to the manner of filing appeals and applications for variances from the terms of this chapter and be otherwise bound by the provisions of the Village Law.
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, Standards for variances, as amended, was repealed 8-25-2003 by L.L. No. 3-2003.
F. 
In cases brought before the Board of Appeals, the petitioner or appellant shall, at the time of filing his petition or notice of appeal, pay to the Village Clerk a filing fee which shall be utilized to defray the cost of the public hearing, including the cost of publication, posting, clerical and professional services. The amount of such fee shall be as follows:
[Added 2-20-1957; amended 2-17-1969; 2-26-1979 by L.L. No. 2-1979; 12-11-1989 by L.L. No. 25-1989]
(1) 
In applications or appeals requesting a variance due to the subdivision of an existing plot and in all other cases, the sum as set by resolution of the Board of Trustees from time to time.[2]
[2]
Editor's Note: See Ch. A155, Fee Schedule.
G. 
Any variance granted by the Board of Appeals shall expire in the event that construction thereunder is not commenced within one year after the date of the variance and completed within one year after the date of permit issuance, unless the Board of Appeals extends either of such periods of time in a particular case upon application duly made.
[Added 10-17-1988 by L.L. No. 6-1988]
H. 
Notice of hearing. Upon the filing of a completed application with the Board of Appeals, and upon payment of the required fee and deposit, if any, the Board shall fix a time and place for a public hearing, and notice of such hearing shall be provided as follows:
[Added 12-5-2017 by L.L. No. 1-2017]
(1) 
The Board of Appeals shall publish or cause to be published a notice of the public hearing in the official Village newspaper at least five days prior to the date of the public hearing.
(2) 
The applicant shall prepare a map (in form required by the Village) showing the names of the owners of all parcels of property located within a radius of 300 feet of the subject property, measured from all points of the property lines of the subject premises. At least 10 days but not more than 20 days prior to the scheduled date of the hearing, the applicant shall send a copy of the notice of public hearing (on the form provided by the Village) to all such owners in a manner authorized by the Board of Trustees by resolution, from time to time.
(a) 
The names of said owners shall be taken as they appear on the last completed tax roll of the Village, except that the addresses must be those of the actual places of residence of the addressees.
(b) 
The applicant shall file or cause to be filed a radium map and an affidavit of mailing (on the form provided by the Village), having attached thereto a true and complete copy of the notice of public hearing, with the Village Clerk not less than three days prior to the scheduled date of the public hearing, together with any return receipt cards or returned or undeliverable envelopes. Failure to deliver the radius map, the affidavit of mailing, and the return receipt cards or returned or undeliverable envelopes, if the manner of service requires return receipt cards, to the Village in accordance with this section may result in the application being stricken from the calendar.
[Added 10-25-2010 by L.L. No. 2-2010]
"13. Decisions. (a) Except as otherwise provided in Village Law § 7-712-a, Subdivision 12, 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."
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; provided, however, that where this chapter imposes a great restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulation or permits, the provisions of this chapter shall control.
It shall be the duty of the Building Inspector or the village official by whatever name he/she is known who possesses the duties of building inspector and he/she hereby is given the power and authority to enforce the provisions of this chapter.
[Amended 11-23-1987 by L.L. No. 5-1987; 12-11-1989 by L.L. No. 25-1989]
Offenses against this chapter shall be punishable as set forth in Chapter 1, General Provisions, Article II.
A. 
Whenever the Mayor of the village has specified that any building or structure or any portion thereof permitted or forbidden is being used, erected, constructed, altered or repaired in violation of or not in compliance with any of the provisions or requirements of this chapter, he/she may, in his discretion, through the Attorney for the village, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of any work thereon or to restrain or correct the use, erection or alteration of or to require the removal of or to prevent the occupancy or use of the building or structure erected, constructed or altered in violation of or not in compliance with any of the provisions of this chapter.
B. 
The Attorney for the village is authorized to institute all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this chapter.
The Board of Trustees may, from time to time, on its own motion or on petition, after public notice and hearing and in accordance with the provisions of the Village Law, amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established, or any part thereof.