This chapter or any part thereof, including the Zoning Map, Supplementary Zoning Map and schedules attached thereto, may be amended, supplemented, changed, modified or repealed, from time to time, by the Town Board on its own motion; upon recommendation by the Planning Board; or by petition of a property owner to the Town Board. Every proposed amendment shall be referred by the Town Board to the Planning Board for a report and recommendation thereon before a public hearing is held by the Town Board. Except by three-fourths vote, the Town Board shall not adopt any amendment, of whatever nature, to this chapter, if the Planning Board has not approved it, except in the instance where the Planning Board fails to convey its report to the Town Board within the sixty-day time limitation as established in Subsection B(3) of this section; in which case, such failure to report shall be construed by the Board as approval. Before adopting any amendment, the Town Board shall adopt a resolution setting forth the findings upon which the Town Board determined such amendment to be required by the public interest in furtherance of the purposes set forth in Article I herein.
A.
Petition by a property owner. A petition for an amendment
or change may be presented to the Town Board by the owner or owners
of any property in the unincorporated area of the Town of Greenburgh
who desires a change in the provisions of this chapter affecting his
or their property. The petition shall be made on a standard form prescribed
by the Town Board and shall set forth the full names and addresses
of both the record and any beneficial owners of the property, an accurate
description of the property and any improvements thereon, the location
thereof, the exact change which the petitioner desires and such other
information as the Town Board may require. Each such petition shall
be verified by the petitioner, and, if different parties hold the
record and beneficial ownerships of the property, all such parties
must join in such petition and verify the same.
B.
Report of the Planning Board. In making its report
on any 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 chapter as to the particular districts
concerned;
(b)
Which areas, land uses, buildings and establishments
in the Town 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; and
(d)
Whether such proposed amendment is consistent
with the aims of the official planning policies of the Town of Greenburgh.
(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, utilities and services, including roads,
exist or can be reasonably expected to be created or 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; and
(d)
The effect of the proposed amendment upon the
development of the Town as envisioned by the official planning policies
of the Town of Greenburgh.
(3)
Timing of Planning Board report.
(a)
With respect to any proposed amendment or change
referred to it by the Town Board, the Planning Board shall submit
its report and recommendation to the Town Board not more than 60 days
after the first meeting of the Planning Board held subsequent to such
referral unless, within such 60 days, such proposal shall be withdrawn
or amended or the Planning Board shall determine that, by reason of
the complexity of the questions presented or like considerations,
an additional period of time, not exceeding 30 days, is reasonably
required for the proper disposition thereof.
(b)
If, during the thirty-day period aforesaid,
the Planning Board decides that further time is necessary for a full
and fair determination of the issues, then one more thirty-day period
shall be permitted for its deliberations.
[Amended 3-24-1982]
(c)
If the Planning Board shall not have submitted
its report and recommendations within such original 60 days or additional
periods not exceeding 60 days, the Town Board, in its discretion,
may proceed to final consideration of the proposal as though the Planning
Board has recommended approval of the proposal.
(4)
Contents of Planning Board report and recommendation. In recommending the adoption of any proposed amendment or change, the Planning Board shall report to the Town Board the reasons for such recommendation, describing any change in conditions that the Planning Board believes warrants the amendment or change and its relation to the applicable provisions of Subsection B(1) and (2) of this section. If the Planning Board recommends against the adoption of a proposed amendment or change, or modification of said proposed amendment or change, it shall include in its report a statement of its reasons for such disapproval or modification.
C.
Required fee. Each petition for a zoning amendment
shall be accompanied by the required fee. The amount of such fee shall
be as may be determined from time to time by the Town Board. No fee
shall be required for petitions filed in favor of or against any application
previously filed.
D.
Public hearing. By resolution adopted at a meeting
of the Town Board, the Town 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 § 264 of
Article 16 of the Town Law. In addition to meeting all other requirements
under the 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. No further proceedings on the part of the
Town Board need be had with respect to a proposed amendment or change
which has been disapproved by the Planning Board unless the Town Board
shall, by resolution, determine that a public hearing should be held
by reason of the particular facts and circumstances involved. When
a proposed amendment or change is initiated by petition pursuant to
Subsection A(1) of this section, the expenses of advertising notice
of public hearing of such proposal shall be paid by the petitioner.
E.
Referral to other communities. Should any proposed
amendment consist of or include either of the two following conditions,
the Town Clerk shall transmit to the clerk of the municipality affected
a copy of the official notice of the public hearing not later than
10 days prior to the date of hearing.
(1)
Any change in the boundaries of any district, which
change would occur within a distance of 500 feet of the boundary of
any village, town or city.
(2)
Any change in the regulations prescribed for any district,
any portion of which is located within 500 feet of the boundary of
any village, town or city.
F.
Referral to Westchester County Planning Board. The
proposed amendment shall be submitted to the Westchester County Planning
Board, when so required by the Westchester County Administrative Code,
prior to final action by the Town in said amendment.
G.
In the case of a protest against any amendment signed
by the owners of 20% or more either of the area of the land included
in such proposed change or of that immediately adjacent, extending
100 feet therefrom, or of that directly opposite thereof, extending
100 feet from the street frontage of such opposite land, such amendment
shall not become effective except by the favorable vote of at least
3/4 of the members of the Town Board.
[Added 7-8-1987 by L.L. No. 3-1987; amended 2-10-1988 by L.L. No. 1-1988]
The amendments to this chapter adopted as Local
Law No. 3-1987 shall not apply to any property for which a site plan,
overall comprehensive development plan or preliminary subdivision
has been approved prior to the effective date of Local Law No. 3-1987,
and provided further that construction proceeds diligently as approved
within the time period allowed by such approval, and shall not apply
to any site plan amendment hereinafter approved amending such a site
plan or overall comprehensive development plan, provided that said
future site plan amendment does not increase the floor area ratio
of the development (or maximum coverage where there is no floor area
ratio requirement) above that previously approved or the currently
permitted maximum floor area ratio (or maximum coverage where there
is no floor area ratio requirement), whichever is greater.
