The Village Board of Trustees may from time to time, on its own motion or on petition, after notice and public hearing, amend, supplement or change the regulations and districts herein established.
Whenever the owners of 2/3 or more of the area of the land in any district or part thereof shall present a petition duly signed and acknowledged to the Village Trustees requesting an amendment, supplement, change or repeal of the regulations herein prescribed for such district or such part thereof or for any adjoining district or part thereof, it shall be the duty of the Village Trustees to vote upon said petition within 90 days after the filing of the same by the petitioners with the Village Clerk.
In case, however, of a protest against such change signed by the owners of 20% or more of the area of the land included in such proposed change or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of all the members of the Board of Trustees. The provisions of the previous sections relative to public hearings and official notice shall apply equally to all changes or amendments.
If any area is hereafter transferred from one district to another district by a change in district boundaries as herein provided, the provisions of this chapter with regard to nonconforming buildings or premises existing in such transferred area at the time of passage of this chapter shall apply to nonconforming buildings or premises existing in such transferred area at the time of passage of such amendment.
[Added 5-22-1994 by L.L. No. 3-1994; amended 10-1-2001 by L.L. No. 6-2001; 2-6-2002 by L.L. No. 2-2002; 12-3-2007 by L.L. No. 12-2007; 11-7-2011 by L.L. No. 14-2011]
No parcel of real property in the Village of Brightwaters may be subdivided into two or more separate parcels without permission of the Board of Trustees. Every application for a proposed subdivision shall first be submitted to the Planning Board of the Village of Brightwaters on an application form to be promulgated thereby. The Planning Board, upon such application, may schedule and hold a public hearing at which the public may be heard. Such hearing, if so scheduled by the Planning Board, shall be held within 62 days of the date of submission of a completed and proper application for subdivision. Notice of said public hearing shall be published in the official newspaper of the Village of Brightwaters at least once and no sooner than five days before the date of the public hearing, and such further notice, if directed by the Planning Board, shall also be given. Within 45 days of the completion of the hearing or, if no public hearing was scheduled by the Planning Board, within 45 days of the submission of a complete and proper application for the subdivision, the Planning Board shall make such recommendation, first to the Board of Appeals if any variance is required, and to the Board of Trustees on the application as it sees fit. At the next regularly scheduled meeting of the Board of Trustees following receipt of the recommendation of the Planning Board, the Board of Trustees shall take such action on the application as it sees fit. Nothing herein contained shall in any way affect the exclusive jurisdiction of the Board of Appeals of the Village of Brightwaters to approve any proposed subdivision which, if granted, would violate any zoning provision of this Code. No subdivision requiring Board of Appeals approval shall be submitted to the Board of Appeals until and unless it has been reviewed by the Planning Board. No lot may be subdivided unless all lots created thereby will have the required minimum lot width on the same named street on the Building Zone Map.[1] No subdivision may be approved unless it complies with the stormwater standards set forth in Article XIV of this chapter, if applicable.
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Editor's Note: The Building Zone Map is on file in the office of the Village Clerk, where it is available for inspection during regular office hours.