Petitions for amendments to the Zoning Map or law, special permits, variances, final site plan review
or other land use applications before the Village Board or Board of
Appeals, as the case may be, shall be processed as follows in this
article.
The Village Board, upon its own motion or by
petition, may, from time to time, amend or supplement this chapter,
including the Building Zoning Map that forms a part hereof, in accordance with the provisions of the Village Law of the State of New York. When the Village Board shall consider any change of zone, the resolution setting a date for a public hearing shall contain a statement requiring that the owners of all property within the boundaries of the property which is the subject of the application and all property owners immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property be notified of the proposed change, except as hereinafter provided. Said notice shall be sent by certified mail, return receipt requested, to such owner at the address shown on the current Village of Islandia assessment roll and shall be mailed to such owner at least 10 days prior to the public hearing. Said notice shall contain a description sufficient to identify the property which is the subject of the application, together with information substantially similar to that required by §
177-122G of this chapter.
[Amended 2-1-1996 by L.L. No. 2-1996]
Whenever the Village Board or Board of Appeals,
as the case may be, as a condition for the granting of an application
for a change of zone, special permit, variances, final site plan review
or other land use application requires a restrictive covenant to be
imposed upon the subject property, such restrictive covenant shall
be drafted and approved by the Village Attorney and filed with the
Suffolk County Clerk (at the applicant's sole cost and expense). The
applicant shall thereafter file a certified copy of the recorded restrictive
covenant showing liber and page of recorded covenants and restrictions
in the office of the Village Clerk or Clerk of the Board of Appeals,
as the case may be, within 45 days from the date the applicant was
notified of the granting of such application by the Village Clerk
or Clerk of the Board of Appeals, except that the Village Board or
Board of Appeals may extend the time for filing the restrictive covenant
upon good cause upon written application. Failure to file said restrictive
covenant with the Village Clerk or Clerk of the Board of Appeals within
the stipulated period of time shall render the granting of the application
ineffective and null and void.
Prior to the filing of each petition authorized
by this article, a fee shall be paid as set by the Village Board.
Wherever in the Village's zoning chapter notice
is required to be given, the provisions of this article shall apply.