This chapter or any part thereof may be amended,
supplemented, changed, modified or repealed from time to time by the
Village Board and in the manner as provided by §§ 178
and 179, Article 6-A, of the Village Law. Every such proposed amendment shall be referred, prior
to the public hearing by the Village Board, to the Planning Board
for a report pursuant to the provisions of this chapter, which shall
become part of the official minutes of said hearing. The Village Board
shall not take action on any such amendment without such report from
the Planning Board, unless the Planning Board fails to render such
report within 60 days after its next regularly scheduled meeting 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. Concerning a proposed amendment to or change in the
text of the chapter:
(1) Whether such change is consistent with the aims and
principles embodied in the chapter as to the particular districts
concerned.
(2) 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) The indirect implications of such change in its effect
on other regulations.
(4) Whether such proposed amendment is consistent with
the aims of the Comprehensive Plan of the Village.
B. Concerning a proposed amendment involving a change
in the Zoning Map:
(1) Whether the uses permitted by the proposed change
could be appropriate in the area concerned.
(2) Whether adequate public school facilities and other
public services exist or can be created to serve the needs of any
additional residences likely to be constructed as a result of such
change.
(3) Whether the proposed change is in accordance with
any existing or proposed plans in the vicinity.
(4) The effect of the proposed amendment upon the growth
of the Village as envisaged by the Comprehensive Plan.
(5) Whether the proposed amendment is likely to result
in an increase or decrease in the total zoned residential capacity
of the Village and the probable effect thereof.
[Amended 5-26-1981 by L.L. No. 12-1981; 12-14-1987 by L.L. No. 2-1987]
Each petition for a zoning amendment shall be accompanied by a fee in the amount required by Chapter
47 of the Code. No fee shall be required for petitions filed in favor of or against a pending application.
Should any proposed amendment consist of or
include any change in the boundaries of any district, which change
would occur within a distance of 500 feet of the boundary of any other
municipality, or any change in the regulations prescribed for any
district, any portion of which is located within 500 feet of such
boundaries, the Village Clerk shall transmit to the Municipal Clerk
of such other municipality a copy of the official notice of the public
hearing thereof at least 10 days prior to the public hearing.
Where the land involved in any proposed amendment
lies within 500 feet of any municipal boundary; existing or proposed
county or state park or other recreation area; right-of-way of any
existing or proposed county or state parkway, throughway, expressway,
road or highway; 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; or existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated,
such application, accompanied with the notice of the public hearing,
shall be forwarded to the Orange County Planning Department by the
Village Clerk for review in accordance with the provisions of § 239-l
and 239-m of Article 12-B of the General Municipal Law of the State
of New York at least 10 days prior to the public hearing.
In the case of a protest against any amendment,
such amendment shall not become effective except in accordance with
the provisions of § 179, Article 6-A, of the Village Law.
In all cases where the Village Board shall approve
an amendment to the Zoning Map, the said Board shall fully set forth
the reasons for its findings.
The decision of the Village Board shall be transmitted
to the Orange County Department of Planning within seven days of the
decision.