City of Watervliet, NY Article XV Amendments

§ 272-90 Declaration of policy.

For the purpose of establishing and maintaining sound and stable development and to conserve property values generally, this Zoning Ordinance shall not be amended except to correct a manifest error in the Zoning Ordinance or to provide for regulations more appropriate to an area because of changed or changing conditions.

§ 272-91 Procedures.

A. Petitions.

(1) Any petition for amendments shall be submitted in quadruplicate to the City Clerk with an application as established by the City of Watervliet's fee schedule. Any petition for a change in the Zoning Map shall include the following:[1]

(a) The name of the property owner.

(b) A map accurately drawn to an appropriate scale showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the street rights-of-way in the immediate vicinity, and the lands and names of owners immediately adjacent to and extending within 300 feet of all boundaries of the property to be rezoned.

(c) A metes and bounds description of the proposed amendment.

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

(2) Any petitioner shall submit evidence that he/she has notified by certified mail, return receipt requested, all the property owners within 300 feet of all boundaries of the affected property.

B. Referrals.

(1) Any such proposed change in the text or Zoning Map of this chapter shall first be referred to the Planning Board (except a proposal from the Planning Board) for review, which shall submit a written advisory report to the City Council prior to a public hearing on the proposed amendment by the City Council. The Planning Board shall consider the following and may favorably recommend adoption of an amendment or change in this chapter or in a district boundary if:

(a) Such change does not conflict with the general purposes, goals and intent of this chapter.

(b) Such change is consistent with the Comprehensive Plan, Waterfront Revitalization Program, where applicable, and other adopted plans.

(c) The related land area is suitable for the purposes permitted under the proposed zoning.

(d) Such change is consistent with City development plan and policies.

(e) The impact on the physical and social environment is evaluated.

(f) The impact on water supply, sewage disposal, roads and traffic is evaluated.

(g) The fiscal impact on the City, school district, and special districts is evaluated.

(h) A site plan and any other requested studies are furnished for the Planning Board's review.

(2) The Planning Board shall submit to the City Council its advisory report within 45 days after receiving notice from the City Clerk of the proposed change.

(3) The proposed amendment shall be referred to the Albany County Planning Board under the provisions of § 239-m of the New York State General Municipal Law. No action shall be taken to approve a proposed zoning amendment referred to the county until its recommendation has been received or 30 days have elapsed after its receipt of the full statement of the proposed amendment, unless the county and the City agree to an extension beyond the thirty-day requirement for the county's review.

C. SEQRA compliance. The City Council shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.

D. Public hearing.

(1) If the City Council chooses to consider a proposed zoning amendment, it shall, by resolution at a duly called meeting, set the time and place for a public hearing on the proposed amendment. If a proposed amendment is initiated by petition, the petitioner shall be responsible for publication of notice and for notice to adjacent municipalities, if necessary.

(2) Publication of notice.

(a) Newspaper notice of hearing. At least 10 days prior to the date of such public hearing, a notice of the time and place shall appear in the official newspaper. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves.

(b) Written notice of change or amendment. At least 10 days prior to the date of said public hearing, written notice of such hearing and proposed change or amendment shall be provided to property owners, municipalities, counties and state parks or parkways with boundaries within 500 feet of the location of a proposed change or amendment as described in § 83 of New York General City Law. Such entities shall have the right to appeal and to be heard at such public hearing with respect to any such proposed change or amendment.

§ 272-92 Amendment adoption.

A. The City Council may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest as described in Subsection B below.

B. A protest against a proposed change or amendment to this chapter, if 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 from the proposed change, 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 be passed except by a favorable vote of 3/4 of the members of the City Council.

§ 272-93 Periodic review of Zoning Ordinance.

From time to time, at intervals of not more than five years, the City of Watervliet shall reexamine the provisions of this chapter and the location of district boundary lines. This periodic review shall be conducted by a committee comprised of two members of the Planning Board; two members of the Zoning Board of Appeals; representatives from the Planning Department, Building Department and Corporation Counsel; and not more than two members of the community appointed by the City Council. The committee shall submit a report to the City Council recommending such changes or amendments, if any, which may be desirable in the interest of public welfare, convenience and necessity.