[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Neck 10-7-2002 by L.L. No. 4-2002. Amendments noted where
applicable.]
The provisions of this chapter are intended
to override any contrary law or judicial determination which allows
or permits a decision to be made by any municipal board or body without
the affirmative action of at least a majority of the whole membership
of such board or body. Without limitation, the intention of this chapter
is to override the effects of the decision of the New York Court of
Appeals in Tall Trees Construction Corp. v. Zoning Board of Appeals
of the Town of Huntington. Also without limitation, it is the intention
of this chapter to insure that no approval or authorization shall
be issued or made by any board or body of the Village by default,
or by inaction or failure to act within any particular period of time.
This chapter shall apply to all boards of the Village of Hewlett Neck,
and any official Village body which has power or authority to make
final determinations with respect to matters pending before such body,
whether the members of such board or body are appointed or elected.
A.
In addition to any other provisions of the
Village Law of the State of New York which may heretofore or hereafter
have been superseded or amended by any other provision of the Code
of the Village of Hewlett Neck, or any local law adopted by the Village
of Hewlett Neck, pursuant to Municipal Home Rule Law § 10(1)(ii),
Village Law § 7-71 2-a(4) is hereby superseded or amended
in its application to the Village of Hewlett Neck, and a new § 7-712-a(4)
is enacted in its place and stead, to read as follows:
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"4. Hearing appeals. Unless otherwise provided
by local law, the jurisdiction of the Board of Appeals shall be appellate
only and shall be limited to hearing and deciding appeals from and
reviewing any order, requirement, decision, interpretation, or determination
made by the administrative official charged with the enforcement of
any local law adopted pursuant to this article. The concurring vote
of a majority of such Board shall be required, as provided in the
Village Code of the Village of Hewlett Neck, for a determination of
any matter considered by such Board. Such appeal may be taken by any
person aggrieved, or by an officer, department, board or bureau of
the Village."
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B.
This chapter shall apply to any determination
or issuance of an application, decision, motion, action, approval
or other matter (hereinafter referred to as an "action") pending before
any board or body authorized to make a final determination with respect
to such action.
A.
No board or body of the Village having the
power or authority to make a final determination with respect to any
matter within the jurisdiction of such board or body shall take any
action to grant, grant with conditions, deny, deny with conditions,
modify, or otherwise determine any action pending before such board
or body, except with the concurring affirmative vote of at least a
majority of the whole number of members of such board or body (as
if no positions on such board or body were vacant). By way of example,
if a board or body consists of five authorized members, regardless
of the number of members actually appointed to such board or body,
or the number of members of such board or body present at the time
of the vote, no action shall be taken by such board or body except
upon the affirmative vote of at least three members of such board
or body.
B.
Notwithstanding the foregoing, where any
provision of law requires an affirmative vote of a greater number
or proportion of the members of such board or body, the affirmative
vote of such greater number shall be required to take any action as
described in this chapter.
C.
Notwithstanding the provisions of this chapter,
consistent with the rules or procedures of any board or body of the
Village, the chair of such board or body, or a member of such board
or body lawfully exercising the authority of the chair of such board
or body, may
D.
In determining whether an affirmative vote
has been cast by any particular member of a board or body, an abstention
or absence shall not be counted either as an affirmative vote or a
negative vote.
E.
For the purposes of determining whether
a board or body has approved any action by a concurring affirmative
vote as required by law, the failure to obtain a necessary majority
to approve such action shall not be considered an action to approve
the converse of the action proposed in the motion. Where the vote
of a body or board is less than the required affirmative vote to adopt
or approve an action, the action shall be considered to have been
defeated, and the body or board shall not be deemed or considered
to have taken any action on the substance of the matter pending before
the board or body by virtue of such defeat of any action.
