All amendments to this chapter and to the Zoning
Map which forms a part thereof shall be adopted in accordance with
the provisions of the Village Law of the State of New York.
A.
Procedure. All proposed amendments shall be referred
to the Planning Board for a report and recommendations thereon. Failure
of the Planning Board to render its final report within 45 days following
such referral shall constitute approval of the proposed amendment.
[Amended 10-1-1991 by L.L. No. 3-1991; 7-21-1992 by L.L. No. 2-1992]
B.
Planning Board report. In preparing a report on a
proposed amendment, the Planning Board shall consider:
(1)
Whether such change is consistent with the objectives
and purposes of the officially adopted Master Plan of the Village
of Pelham, if one exists, and with those of the district(s) that would
be affected.
(2)
The effect of the change on existing or heretofore
proposed public facilities and services, such as schools, streets,
utilities, etc.
C.
Effect of negative report. In the event that the Planning
Board shall recommend against adoption of the proposed amendment,
such amendment shall not become effective except by the favorable
vote of at least a majority plus one of the members of the Board of
Trustees.
A.
Matters to be referred. In accordance with Sections
277.61 and 277.71 of the Westchester County Administrative Code, any
proposal for a change in the district classification of or the regulations
applying to real property lying within a distance of 500 feet of the
following shall be referred to the Westchester County Planning Board
10 days prior to a public hearing:
(1)
The boundary of any other municipality.
(2)
The boundary of any existing or proposed county or
state park or other recreation area.
(3)
The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road or highway.
(4)
The existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines.
(5)
The existing or proposed boundary of any county or
state owned land on which a public building or institution is situated.
B.
County Planning Board recommendation. Upon failure
of the Westchester County Planning Board to report its recommendations
within 30 days after receipt of a full statement of such referred
material or such longer period as may have been agreed upon by it
and the Board of Trustees of the Village of Pelham, the said Board
shall construe such inaction as approval of the proposed zoning action
and may act without such a report.
C.
Effect of negative report. If the Westchester County
Planning Board disapproves the proposed amendment or recommends modification
thereof, the proposed amendment shall not become effective except
by a vote of a majority plus one of all members of the Board of Trustees
and after adoption by said Board of a resolution fully setting forth
the reasons for such contrary action.
D.
Response to the County Planning Board. Within seven
days of final action by the Board of Trustees on the matter referred
to and reported on by the County Planning Board, the Board of Trustees
shall file a report on such action with the County Planning Board.
The Board of Trustees shall conduct a public
hearing on all proposed amendments as provided by law. The Village
Clerk shall cause notice of such hearing to be given by the Village
in the case of all amendments initiated by the Board of Trustees or
by the applicant in the case of an amendment initiated by petition.
The notice shall be published in the official newspaper of the Village
and shall specify the nature of any proposed amendment, the land or
district(s) affected and the date and place of the public hearing.
Upon written notification, each applicant shall be present or duly
represented at any meetings and public hearing concerning determination
of the application.
Upon approval of any amendment by the Board
of Trustees, copies thereof shall be transmitted by the Village Clerk
to the Planning Board, the Zoning Board of Appeals and the Westchester
County Planning Board.
