§ A316-9. Decisions.

A. 

Time limit. Decisions by the Board shall be made not later than 60 days from the date of the final hearing.

B. 

Form. The final decision on any matter before the Board shall be made by written order signed by the Chairman. Such decision shall state the findings of fact which were the basis for the Board's determination. After such determination, the Board may reverse or affirm, wholly or partly, or may modify the order or requirement of the administrative official appealed from. The decision shall also state the conditions and safeguards necessary to protect the public interests.

C. 

Basis. The Board, in reaching said decision, shall be guided by standards specified in the applicable ordinance as well as by the community goals and policies as specified in a Comprehensive Plan, if any, and by the findings of the Board in each case.

D. 

Conflicts with other laws or ordinances. In reviewing an application on any matter, the standards in any applicable local law or ordinance or state statute shall take precedence over standards of these rules whenever a conflict occurs. In all other instances, the more restrictive rule shall apply.

E. 

Expiration. Unless otherwise specified, any order or decision of the Board for a permitted use shall expire if a building or occupancy permit for the use is not obtained by the applicant within 180 days from the date of the decision. Should the proposal also require approval from the Village of Woodbury Planning Board, the 180-day expiration window shall run from the date of final planning board approval. In all cases, the Board may extend this time for one additional period of 90 days if such extension is warranted by the particular circumstances.

[Amended 3-13-2019]

F. 

Rehearings. After a rehearing, other than one based on a substantial change in conditions, the original order may be changed only by a concurring vote of all the members then present, but not less than a majority of the Board, and in conformance with § A316-7E of these regulations.

G. 

Filing. Decisions of the Board shall be immediately filed in the office of the Village Clerk and shall be a public record. The date of filing of each decision shall be entered in the official records and minutes of the Board.

H. 

Notice. Copies of the decision shall be forwarded to the applicant and the Orange County Planning Department when referral to the county planning agency was required in the particular case.

I. 

Certification. A copy of the Board's decision, including all terms and conditions, shall be transmitted to the municipal administrative official and shall be binding upon and observed by him, and he shall fully incorporate such terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the Board.