§ 12.12.070. Appeal.

A.

An appeal of a decision by the approval authority for any provision of this chapter shall be heard and decided by the zoning board of appeals. All such appeals shall:

1.

Be in writing setting forth the reasons on which the appeal is made;

2.

Be filed with the town clerk within ten (10) days of the date of the filing of a notice denying the requested permit pursuant to Section 12.12.050;

3.

Be heard within sixty-two (62) days of the date of filing of the appeal with the town clerk.

B.

On appeal, the zoning board of appeals, may affirm, modify or reverse any determination pursuant to this chapter.

C.

The zoning board of appeals shall issue a written decision regarding the appeal. The decision shall be mailed to the applicant and filed with the town clerk within ten (10) days of the date of the decision.

D.

A proceeding to review an adverse determination by the zoning board of appeals pursuant to this section shall be commenced pursuant to Article 78 of the Civil Practice Law and Rules in the New York State Supreme Court, county of Chemung. Such proceeding shall be initiated within thirty (30) days of the date of the filing of the decision by the zoning board of appeals with the town clerk as required by subsection 12.12.060(C) of this chapter.

E.

Any review of an application shall be suspended pending a decision of any appeal submitted pursuant to Section 12.12.060 of this chapter and any proceedings filed pursuant to Article 78 of the Civil Practice Laws and Rules concerning the application.

(LL No. 16, 2001 § 7)