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 districts established under this
chapter.
A.
A petition for any amendment of this chapter shall be made to the
Village Clerk and shall describe the proposed changes. For proposed
amendments to the Zoning Map, a copy shall be included of the applicable
portion of the official copy of the Zoning Map, 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.
On the making of a motion, on receipt of a petition or on receipt
of a recommendation of any board, agency or official of the Village
for a zoning amendment, the Board of Trustees may decide not to formally
consider such 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, the Village Engineer, the Building Inspector,
the Code Inspector and any other board, agency or official of the
Village which the Board of Trustees deems appropriate. The Planning
Board shall confer with any petitioner and assist such petitioner,
where necessary, to place the amendment in the most appropriate form.
Such conference and assistance shall not be deemed to constitute any
commitment by the Planning Board as to its position on the advisability
of the proposed amendment. After said conference, the petitioner shall
be allowed to revise his petition and to provide copies of such revision
to the Board of Trustees and to any board, agency or official to which
the original proposed amendment was referred. 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
Board's reasons for its recommendation, describing any conditions
which 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 chapter. All such boards, agencies and officials shall have 45
days from the date of forwarding or from the date of revision by the
petitioner, whichever is later, to submit reports. Failure of the
Planning Board or other board, agency or official to report within
45 days shall be construed as approval of the proposed amendment.
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 petitioner that
no revision will be made, the Board of Trustees shall schedule and
hold a public hearing on the proposed amendment.
[Amended 11-15-1984 by L.L. No. 31-1984]
Notice of the public hearing shall be published once in the
official newspaper not less than 10 days nor more than 30 days prior
to the date of the hearing. A copy of the notice, with proof 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. In the event that such amendment changes the
district classification of land, the applicant shall cause notice
by certified mail to owners of property within 500 feet of the perimeter
of property to which such change applies to be mailed not less than
10 days nor more than 30 days prior to the required hearing, and,
in addition, there shall be posted not later than 10 days nor more
than 30 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.
In accordance with the procedures of § 7-708, Subdivision
1, of the Village Law, in the event that a protest against such change
is 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 and extending
100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by the favorable vote of four members
of the Board of Trustees.
The Village Clerk shall keep record copies of all Zoning Maps
and text sections superseded by any amendment of this chapter.
Not less than 10 days prior to the public hearing, the Village
Clerk shall send copies of the proposed amendment and notice of hearing
of any amendment affecting property within 500 feet of the boundaries
of any state park or parkway or village or town to the Regional State
Park Commission having jurisdiction over such state park or parkway
or to the Village or Town Clerk.
All petitions for amendment of this chapter, 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 New Hempstead.
