This chapter or any part thereof may be amended,
supplemented or repealed from time to time by the Village Board on
its own motion or upon recommendation by the Planning Board or by
petition.
Petitions to amend this chapter shall be in
writing and shall contain a description of the property affected,
together with such other information as the Village Board shall require.
Such petitions shall include the names and addresses of all owners
of real property within 500 feet of the property affected or any other
contiguous property of a petitioner in the same ownership. All petitions
for amendment of this chapter, excepting those submitted by the Planning
Board on motion of the Village Board, shall be accompanied by a fee
in accordance with the Standard Schedule of Fees of the Village of
Spring Valley.[1]
The Village Board shall fix the time and place
of a public hearing on the proposed amendment and cause notice thereof
as provided by Village Law.
If any proposed amendment consists of or includes
either of the following conditions, the Village Clerk shall transmit
to the appropriate office or official a copy of the official notice
of the public hearing not later than 10 days prior to the date of
hearing:
A.
Any change in the boundaries of any district, which
change would occur within a distance of 500 feet of the boundary of
any village or town or a state or county road.
B.
Any change in the regulations prescribed for any district,
any portion of which is located within 500 feet of the boundary of
any village or town or a state or county road.
A.
Referral. Prior to a public hearing, every such proposed
amendment shall be referred by the Village Board to the Village Planning
Board for a report, unless the proposed amendment was initiated by
the Planning Board. The Village Board shall not take action on any
such amendment without such report from the Planning Board unless
the Planning Board fails for any reason to render such report within
60 days following the date of such referral.
B.
Report of the Planning Board. In making such report
on a proposed amendment, the Planning Board shall make inquiry and
determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in the
text of this chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in the local law as to the particular districts
concerned.
(b)
Which areas, land uses, buildings and establishments
in the village will be directly affected by such change and in what
way they will be affected.
(c)
The indirect implications of such change in
its effect on other requirements.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Plan (Master Plan) of the village.
[Amended 4-11-1995 by L.L. No. 1-1995]
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public facilities and services, including roads, exist or can
be created to serve the needs of any additional residences or other
uses likely to be constructed as a result of such change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the village as envisaged by the Comprehensive Plan (Master
Plan).
[Amended 4-11-1995 by L.L. No. 1-1995]
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total residential capacity
of the village and the probable effect thereof.
(f)
Such other or different matters as may be appropriate
in the circumstances.
If any proposed amendment consists of or includes
any of the following conditions, the Village Clerk shall, prior to
final action by the Village Board, refer the proposed amendment to
the Rockland County Planning Board:
A.
Any change in the district classification of or the
requirements applying to real property abutting:
(1)
The boundary of any village or town.
(2)
The boundary of any state or county park or other
recreation area.
(3)
The right-of-way of any state parkway, thruway, road
or other controlled access highway or county road or parkway.
(4)
The right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(5)
The boundary of any county- or state-owned land on
which a public building or institution is located.
In the case of a protest against any amendment,
such amendment shall not become effective except in accordance with
the provisions of § 7-708, Subdivision 1, of the Village
Law.
