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or repealed from time to time by the Village Board on its own motion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. Prior to the public
hearing specified in Subsection C, every proposed amendment shall
be referred by the Village Board to the Planning Board for a report
which shall be rendered within 62 days of such referral.
A.
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 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
regulations.
(d)
Whether such proposed amendment is consistent with the aims
of the Comprehensive Plan of the Village and the LWRP.
(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 reasonably expected
to be created to serve the needs of any additional dwellings 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 and the LWRP.
B.
Each petition for a zoning amendment shall be accompanied by a fee,
adequate to cover the cost of processing said petition, payable to
the Village Clerk upon the filing thereof. No fee shall be required
for petitions filed in favor of or against any application.
C.
By resolution adopted at a meeting of the Village Board, the Village Board shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of § 7-706 of Article VII of the Village Law. All notices of public hearing shall specify the nature of any proposed amendment; the land or district affected; and the date when and the place where the public hearing will be held. At least 15 days' notice of the time and place of such hearing shall be published in the official newspaper of the Village. When such proposed amendment reflects a change to the Zoning Map, the Village Clerk shall cause notice to be mailed at least 15 days before the hearing to all owners of properties which lie within 300 feet of the map change and to such other owners as the Village Board may deem advisable. The names of said owners shall be taken as they appear on the last completed tax roll of the Village.
D.
Transmission of copy of official notice of public hearing.
(1)
Should any proposed amendment consist of or include either of the
two following conditions, the Village Clerk shall transmit to the
designated office or official a copy of the official notice of the
public hearing not later than 15 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.
(b)
Any application for change in the regulations, a use variance,
special use permit, site plan review or subdivision review as prescribed
for any district, any portion of which is located within 500 feet
of the boundary of any village or town.
(2)
The designated official for counties shall be the clerk of the county
legislature. In villages and towns, the designated official shall
be the clerk of the municipality.
E.
Should any proposed amendment consist of or include any conditions
in accordance with §§ 277.61 and 277.71 of the Westchester
County Administrative Code and §§ 239-l, 239-m and
239-n of the New York State General Municipal Law, the Village Clerk
shall, prior to final action, refer the proposed amendment to the
Westchester County Planning Board.
