The Board of Trustees may, from time to time, on its own motion,
on petition or on recommendation of any board, agency or official
of the Village, after public notice and hearing, amend, supplement,
repeal or change the regulations and provisions of this Zoning Law.
A.
A petition for an amendment of this Zoning Law shall be made to the
Village Clerk and shall describe the proposed changes. For proposed
amendments to the Zoning Map,[1] a copy of the applicable portion of the Zoning Map shall
be included, as kept by the Village Clerk, showing existing and proposed
zoning, as well as a map drawn to an appropriate scale showing all
properties within 500 feet of the periphery of the subject property
and any contiguous property of the petitioner in the same ownership.
[1]
Editor's Note: The Zoning Map is located in the pocket at
the end of this volume.
An amendment on motion or an amendment proposed to the Board of Trustees by any board, agency or official of the Village shall contain the information required in § 266-64 of this Zoning Law. The Village Clerk shall be responsible for complying with the requirements as to notice in § 266-69 of this Zoning Law.
The Board of Trustees may decide not to formally consider any
proposed amendment.
If any amendment is to be considered by the Board of Trustees,
it shall be referred for review and report to the Planning Board,
the Village Attorney and any other board, agency or official of the
Village which the Board of Trustees deems appropriate. The Village
Attorney shall report to the Board of Trustees regarding the form
of the proposed amendment. The Planning Board shall report to the
Board of Trustees regarding the form and the advisability of the proposed
amendment. Its report shall analyze the proposed amendment and shall
state the Planning Board's reasons for its recommendation, describing
any conditions it believes make the amendment advisable or not, and
specifically stating whether the amendment would or would not be in
accordance with the Comprehensive Plan and in furtherance of the purposes
of this Zoning Law. All such boards, agencies and officials shall
have 60 days from the date of forwarding or from the date of revision
by the petitioner, whichever is later, to submit reports. If the Planning
Board has not reported within 60 days, the Board of Trustees may take
action without such report. In no case shall this section restrict
the right of an applicant to come before the Planning Board for an
informal discussion and review prior to formal submission.
On receipt of the requested reports and any revised proposed
amendment from an application or notification by the applicant that
no revision will be made, the Board of Trustees may schedule and hold
a public hearing on the proposed amendment.
Notice of the public hearing shall be published once in the
official newspaper, not less than 10 nor more than 30 days prior to
the date of the hearing. A copy of the notice, with an affidavit of
such mailing, together with proof of notice in the official newspaper
shall be filed in the Village Clerk's office on or before the date
of the public hearing. The applicant shall cause notice, by certified
mail, to owners within 500 feet of the periphery of the subject property
to be mailed not less than 10 days prior to the required hearing.
In the event that such amendment changes the district classification
of land, there shall be posted, not later than 10 days prior to the
hearing, a notice of the proposed change upon the property to which
such change applies, said notice to be visible from each public street
abutting such property.
The Village Clerk shall keep record copies of all zoning maps
and text sections superseded by any amendment of this Zoning Law.
All amendments to the Zoning Map[1] shall be duly recorded on the Zoning Map kept with the
Village Clerk, stating the date and nature of the amendment and a
reference to the parcels, as shown on the latest Village tax maps,
affected by the zone change.
[1]
Editor's Note: The Zoning Map is located in the pocket at
the end of this volume.
A.
At least 10 days prior to the date of the public hearing, written
notice of any proposed regulations, restrictions or boundaries, including
amendments thereto, affecting property within 500 feet of the following
shall be served personally or by mail by the Village Clerk in accordance
with Village Law § 7-706, Subdivision 2:
[Amended 9-25-1996 by L.L. No. 6-1996]
(1)
The property of the housing authority erecting or owning a housing
project authorized under the Public Housing Law, upon the executive
director of such housing authority and the chief executive officer
of the municipality providing financial assistance thereto.
(2)
The boundary of a City, Village or Town, upon the Clerk thereof.
(3)
The boundary of a County, upon the Clerk of the Board of Supervisors
or other person performing like duties.
(4)
The boundary of a state park or parkway, upon the regional state
park commission having jurisdiction over such state park or parkway.
B.
Proposed amendments shall be referred to the Rockland County Commissioner
of Planning for its recommendation on all matters within the provisions
of §§ 239-l and 239-m of the General Municipal Law
which includes real property lying within 500 feet of the boundary
of any City, Village or Town; or from the boundary of any existing
or proposed County or state parkway, thruway, expressway, road or
highway; or from the existing or proposed right-of-way of any stream
or drainage channel owned by the County or for which the County has
established channel lines; or from the existing or proposed boundary
of any County or state owned land on which a public building or institution
is situated. The Rockland County Commissioner of Planning shall render
a decision within 30 days of referral or within an extended period
if agreed upon. If the Rockland County Commissioner of Planning fails
to report within such period of 30 days or such longer period as has
been agreed upon, the Board of Trustees may act without such report.
If the Rockland County Commissioner of Planning disapproves the proposal
or recommends modifications thereof, the Board of Trustees shall not
act contrary to such disapproval or recommendation except by a vote
of a majority plus one of all members thereof and after the adoption
of a resolution fully setting forth the reasons for such contrary
action. Within seven days after final action by the Board of Trustees,
a report shall be filed with the Rockland County Commissioner of Planning.
All petitions for amendment of this Zoning Law, except those
recommended by the Board of Trustees, by the Planning Board or other
municipal board or agency of the Village shall be accompanied by a
fee in accordance with the Fee Schedule of the Village of Suffern.[1]
