This article shall apply to the review procedure for variances
and appeals from a decision of the Code Enforcement Officer.
Applications to the Board of Appeals shall be processed in the
following steps. The Board of Appeals shall comply with all of the
requirements of §§ 7-712-a and 7-712-b of the Village
Law.
A. Review.
(1) The Board of Appeals shall undertake a preliminary review of an application
at its first regularly scheduled monthly meeting after the application
is submitted. At the preliminary review the Board shall determine
whether the application is complete. If the application is deemed
to be incomplete, then the applicant shall be notified, in writing,
of what further information is required. If the application is considered
to be complete, then the Board shall proceed to schedule a public
hearing.
(2) Pursuant to the New York State Environmental Quality Review Act (SEQRA),
the Board of Appeals in their initial review of an application shall
determine that no further action is necessary to fulfill the requirements
of said act or require that the applicant submit a full environmental
assessment form (EAF) for their review. Upon review of the full EAF
the Board of Appeals shall issue either a negative or positive declaration.
The application shall not be considered complete until the requirements
of SEQRA are fulfilled.
B. The Board shall schedule a public hearing within 62 days of receipt
of a complete application and shall provide notice of such hearing
by publication in a newspaper of general circulation in the Village
at least five days prior to the date thereof.
C. As required by state law, certain applications shall be forwarded to the Clinton County Planning Board (pursuant to §
120-68). Applications for a variance or an appeal from a decision of the Code Enforcement Officer must be mailed to the Clinton County Planning Board at least five days prior to the hearing.
D. The Board of Appeals shall conduct a public hearing on the matter.
E. Within 62 days of the final public hearing, the Board shall render
a decision to approve, disapprove or approve with modifications or
conditions. Said time period may be extended by mutual consent of
the applicant and the Board.
F. All decisions shall be in writing, shall be filed with the Village
Clerk within five business days of the decision and a copy thereof
shall be provided to the applicant.
Costs required are to be paid by the applicant for the Board
of Appeals process and shall be established by resolution of the Village
Board of Trustees.