§ A316-7. Hearings.  


Latest version.
  • A. 
    Time limit. The Board shall schedule a hearing on all appeals or applications within 30 days of the filing of the appeal or application.
    B. 
    Notice. The Board shall give notice of the hearing at least five days prior to the date thereof by publication in the official Village newspaper. The Board shall mail notices of the hearing to the parties and, where required by the General Municipal Law § 239-m, to the Orange County Planning Department at least five days prior to the hearing.
    C. 
    Proceedings. The order of business at a hearing shall be as follows:
    (1) 
    Roll call.
    (2) 
    The Chairman shall give a statement of the case and read all correspondence and reports received thereon.
    (3) 
    The applicant shall present his case.
    (4) 
    The Board shall hear any argument for or against the matter before the Board by any person appearing at the hearing who wishes to be heard.
    (5) 
    If necessary, adjournment of hearing.
    (6) 
    Close of public hearing by Chairman.
    (7) 
    Reserving of decision to next regular meeting of the Board.
    D. 
    General rules.
    (1) 
    Any party may appear in person or by agent or by attorney or, where property is under contract, by the contract vendor.
    (2) 
    The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
    E. 
    Rehearing. Upon motion initiated by any member and adopted by unanimous vote of the members present, but not less than a majority of all the members, the Board shall review at a rehearing any order, decision or determination of the Board not previously reviewed. Notice shall be given as upon an original hearing. Upon such rehearing, and provided that it shall appear that no vested rights due to reliance on the original order, decision or determination will be prejudiced thereby, the Board may, upon the concurrence of all the members present, reverse, modify or annul its original order, decision or determination.