This chapter or any part hereof, including the Zoning Map, may be amended, supplemented, changed, modified or repealed by the Board of Trustees on its own motion, upon recommendation by the Planning Board or pursuant to a petition to the Board of Trustees, in accordance with the provisions of §
1-7 of this Code and of this Article; provided, however, that whenever a referral of a proposed amendment or change in this chapter to the Planning Board shall be required, the public hearing on any local law effecting such amendment or change shall be held not less than 30 days after such referral.
[Amended 12-28-2009 by L.L. No. 7-2009]
A. Referral. Whenever the Board of Trustees shall, by resolution, authorize
a public hearing on a local law which, if adopted, would amend or
change any provision of this chapter, the Board of Trustees shall
refer the proposed local law to the Planning Board for its report
and recommendation. The Board of Trustees may, in its discretion,
refer a proposed amendment or change in this chapter to the Planning
Board for its report and recommendation prior to authorizing a public
hearing on a local law effecting the proposed change. No referral
shall be required for any proposed local law which, if adopted, would
effect the report and recommendation of the Planning Board made upon
the Planning Board's own initiative or pursuant to a referral prior
to the authorization of a public hearing, provided that the Board
of Trustees, by resolution, authorizes a public hearing upon such
proposed local law within six months of the submission to the Board
of Trustees of the prior report and recommendation of the Planning
Board.
B. Planning Board inquiry. In making its report on any proposed amendment,
the Planning Board shall make an 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 this chapter as to the particular districts concerned.
(b)
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.
(c)
The indirect implications of such change in its effect on other
regulations.
(d)
Whether such proposed amendment is consistent with the aims
of the Master Plan of the Village/Town of Mount Kisco, New York.
C. Contents of Planning Board report and recommendation. In recommending the adoption of any proposed amendment or change, the Planning Board shall report to the Village Board the reasons for such recommendation, describing any change in conditions that the Planning Board believes warrants consideration and its relation to the applicable provisions of Subsections
A and
B of this section. If the Planning Board recommends against the adoption of a proposed amendment or change, it shall include in its report a statement of its reasons for such negative recommendation.
D. Timing of the Planning Board report. The Planning Board shall submit
its report and recommendation to the Board of Trustees not more than
30 days after the resolution of the Board of Trustees referring the
proposed local law to the Planning Board. Upon the request of the
Planning Board, the Board of Trustees may extend the time for the
Planning Board to submit its report and recommendation. If the Planning
Board has not submitted its report and recommendation within such
30 days or such additional period as the Board of Trustees shall have
granted, the Board of Trustees may, at its discretion, act upon the
proposed local law without the report and recommendation of the Planning
Board.