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or repealed, from time to time, by the Village Board on its own motion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 public hearing,
every such proposed amendments shall be referred by the Village Board
to the Planning Board for a report. 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 45 days following the date of such referral.
In making such report on a proposed amendment, the Planning
Board shall make inquiry and determination concerning the items specified
below:
A.Â
Concerning a proposed amendment to or change in the text of this
chapter:
(1)Â
Whether such change is consistent with the aims and principles embodied
in the chapter as to the particular districts concerned.
(2)Â
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.
(3)Â
The indirect implications of such change in its effect on other regulations.
(4)Â
Whether such proposed amendment is consistent with the aims of the
comprehensive development plan of the Village.
B.Â
Concerning a proposed amendment involving a change in the Zoning
Map:
(1)Â
Whether the uses permitted by the proposed change would be appropriate
in the area concerned.
(2)Â
Whether adequate public school facilities or 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.
(3)Â
Whether the proposed change is in accord with any existing or proposed
plans in the vicinity.
(4)Â
The effect of the proposed amendment upon the growth of the Village
as envisaged by the Comprehensive Development Plan.
(5)Â
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.
[Amended 11-17-1986 by L.L. No. 2-1986]
Each petition for a zoning amendment shall be accompanied by
a fee which shall include the costs of advertising and holding a public
hearing. The amount of said fees shall be prescribed by a schedule
established by the Board of Trustees. No fees shall be required for
a petition filed in favor of or against a pending application.
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 provisions of § 7-706 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 10 days' notice of
the time and place of such hearing shall be published in the official
newspaper.
If any proposed amendment consists of or includes either of
the following two 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 10 days prior to the date of the
hearing.
A.Â
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.Â
Any change in the regulations prescribed for any district, any portion
of which is located within 500 feet of the boundaries of any village
or town or state or county road.
If any proposed amendment consists of or includes any of the
following conditions, the Village Clerk shall refer the proposed amendment
to the Orange County Planning Department.
A.Â
Any change in the district classification of or the regulations applying
to real property abutting or within 500 feet of:
(1)Â
The boundary of any village or town.
(2)Â
The boundary of any existing or proposed state or county park or
other recreation area.
(3)Â
The right-of-way of any state parkway, thruway, expressway or other
controlled-access highway or county road or parkway.
(4)Â
The right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines.
(5)Â
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 of the Village Law.
In all cases where the Village Board shall approve an amendment
to this chapter, said Board shall find that, for reasons fully set
forth in said findings, such amendment is in conformity with the Comprehensive
Development Plan for the community's development.
