The Village Board, upon its own motion, on recommendation
of the Planning Board or by petition, may, from time to time, amend,
supplement, change, modify or repeal this chapter, including the Zoning
Map, by proceeding in accordance to the applicable provisions of the
Village Law.
[Amended 3-24-1969; 7-28-1980 by L.L. No. 8-1980; 3-9-2009 by L.L. No.
7-2009]
For each proposed amendment of the zoning provisions
of the Village Code or the Zoning Map or for an apartment house permit,
on petition to the Board of Trustees, the following filing fee shall
accompany the petition when presented to the Village Clerk, and each
of said fees shall be inclusive of the fees required for proceedings
before the Planning Board:
A.
A sum as set from time to time by resolution of the
Board of Trustees[1] if the real property is not within a distance of 500 feet
from the boundary of any town or from the boundary of any existing
or proposed county or state park or other recreation area or from
the right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway or from 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 or from the
existing or proposed boundary of any county or state-owned land on
which a public building or institution is situated.
[1]
Editor's Note: The current fee schedule is
on file in the office of the Village Clerk.
B.
A sum as set from time to time by resolution of the
Board of Trustees if the real property is within such distance of
500 feet.
C.
A sum as set from time to time by resolution of the
Board of Trustees as the total fees due upon a combined application
for a zoning change and apartment house permit if the real property
is not within such 500 feet.
D.
A sum as set from time to time by resolution of the
Board of Trustees as the total fees due upon a combined application
for a zoning change and apartment house permit if the real property
is within such distance of 500 feet.
[Amended 7-28-1980 by L.L. No. 8-1980; 3-14-1983 by L.L. No.
6-1983]
A.
The petition shall contain:
(1)
The name and address of the petitioner. If the petitioner
is other than the owner, the duly acknowledged consent of the owner
shall be attached to and made a part of the petition.
(2)
A description of the property by metes and bounds.
(3)
A statement as to the existing zoning of the property
and to what zone it is proposed the property be changed.
(4)
A general description of neighboring properties.
(5)
A statement as to the use proposed for the property.
(6)
A statement as to whether the property is within 500
feet of the town line, a state park or state parkway.
B.
The site plan required by Article XIII shall be attached to and made a part of the petition, and if any structure is proposed to be built on the property, such proposed structure shall be accurately located on the site plan.
C.
There shall be nine copies of the petition, each accompanied
by a site plan, filed along with the original, which shall be verified
by the petitioner, together with 10 copies of a diagram, drawn to
scale, prepared by a registered professional engineer or a registered
land surveyor, showing by courses and distances the property which
is the subject of the application and all of the properties within
200 feet of the perimeter line of said property, and showing, to scale,
all structures within the area indicating the use, and showing the
current zoning of all areas depicted and showing the distance and
direction from the nearest intersecting street. All such diagrams
shall contain the following certification:
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I do hereby certify that the area map accurately
described the uses of the property surrounding the subject premises
as of
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(date)
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Signature
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D.
At the time of the filing of the petition, the applicant
shall submit proof by affidavit that within the 30 days immediately
preceding the filing of the petition, the applicant has mailed notices
by either certified or registered mail, return receipt requested,
to the owner of every parcel of real estate within a distance of 200
feet from the perimeter of the property which is the subject of the
application, indicating the description of the subject property by
metes and bounds or section, lot and block and the street address
of the property, together with a statement of the relief being requested.
The names and addresses of all persons to whom notices were mailed
shall be included in such affidavit.
E.
The notice referred to in Subsection D above shall also include a statement that all persons interested in the application shall be notified of the date fixed for a public hearing before the Board of Trustees, provided that they timely file a written request for such notice with the Village Clerk.
F.
After the applicant has been notified of the date
upon which the public hearing will be held before the Board of Trustees,
and at least 10 days prior to that hearing date, the applicant shall
post at least three identical posters not less than eight by 11 inches
in size along the entire length of each street frontage of the subject
property. Such posters must be placed not more than 200 feet apart
along the street line of the property. Each poster shall state the
date, time and place at which the public hearing before the Board
of Trustees will be held, the description of the property by either
metes and bounds or section, lot and block, together with the street
address thereof and a synopsis of the relief being requested from
the Board of Trustees. The applicant shall file an affidavit of such
posting, together with a sample copy of said poster, with the Village
Clerk no later than the commencement of the public hearing.
G.
Those persons to whom notice shall be required hereunder
shall be the owners of property within a two-hundred-foot radius of
the perimeter of the subject premises as such owners are shown upon
the records of the Assessor of the Village of Patchogue at the time
of the filing of the petition. In the event that the petitioner owns
or has an interest in property contiguous to the property which is
the subject of the application, such distance shall be measured from
the perimeter of such contiguous property.
H.
The Village Clerk shall cause notice to be given to
any and all persons requesting same as set forth above. Although he
shall not be obliged to give any such notice to any person other than
those property owners within the two-hundred-foot radius of the perimeter
of the subject premises, he may, nevertheless, send such notice to
any persons requesting same.[1]
[1]
Editor's Note: Original § 93-54.1,
Public notice, added 7-28-1980 by L.L. No. 8-1990, which followed
this section, was repealed 9-10-1984 by L.L. No. 13-1984. Original
§ 93-55, Review and report of Planning Board, which followed
this section, was repealed 12-23-1974 by L.L. No. 20-1974.
[Added 7-28-1980 by L.L. No. 8-1980]
Prior to the holding of any public hearing by
the Board of Trustees in connection with any petition or application
made to such Board pursuant to or subject to the provisions of this
article, such petition shall first be referred to the Planning Board,
which shall proceed as follows:
A.
As soon as possible after the referral of said petition
to the Planning Board, said Board shall hold a public hearing.
B.
Notice of such public hearing shall be published in
at least one official newspaper in the Village of Patchogue at least
seven days prior to said hearing.
C.
Upon such public hearing, the applicant or his representative
shall appear to be questioned by the Board and any other interested
parties. All interested parties shall be permitted reasonable opportunity
to make statements to the Board in connection with the application
or to offer testimony or other evidence in connection therewith.
D.
As soon as possible after the conclusion of said public hearing, the Planning Board shall issue to the Board of Trustees a written report recommending either the approval or the denial of the petition and setting forth, in detail, recommendations for the approval of modification of the proposed site plan submitted pursuant to Article XIII of this chapter. In making such recommendations in connection with the site plan, the Planning Board shall consider all of the items referred to in § 435-83B hereof.
[Amended 6-10-1985 by L.L. No. 10-1985]
Whenever the Board of Trustees, as a condition
for the granting of an application for change of use district classification,
requires a restrictive covenant to be imposed upon the subject property,
such restrictive covenant must be filed in the office of the Village
Clerk not later than 90 days from the date the applicant was notified
of the granting of the change in use district classification by the
Village Clerk, except that the Board of Trustees may extend the time
for filing a restrictive covenant upon good cause, upon written application.
Failure to file said restrictive covenant with the Village Clerk within
the stipulated period of time shall render the granting of the change
ineffective and null and void.
[Added 6-10-1985 by L.L. No. 10-1985]
A.
The Board of Trustees may, from time to time, on its
own motion or on application, amend or cancel any covenant imposed
on any real property in connection with any determination made by
said Board of Trustees.
B.
An application for such relief shall be made by petition
to the Board of Trustees and shall state the following:
(1)
The name and address of the petitioner.
(2)
A true copy of the declaration of covenants to which
the petition is addressed, which copy shall include the liber and
page and date upon which the declaration was recorded with the Suffolk
County Clerk. It shall further include the full legal description
annexed to said declaration.
(3)
The relief requested.
(4)
The applicant's reasons for the petition.
C.
The Board of Trustees shall fix the time and place
of the public hearing thereon and shall give notice thereof by publishing
the same in a newspaper of general circulation in the Village which
shall have been designated by the Board of Trustees for such purpose.
D.
At least 10 days prior to said public hearing, the
applicant shall mail notice thereof by certified mail, return receipt
requested, to the owner of every parcel of real property within a
two-hundred-foot radius of the perimeter of the subject premises as
such owners are shown upon the last assessment roll filed in the Village
Clerk's office. In the event that the applicant owns or has an interest
in property contiguous to the property which is the subject of the
application, such distance shall be measured from the perimeter of
such contiguous property.
E.
The following shall be submitted and filed with the
Village Clerk:
(1)
Original and nine copies of the petition.
(2)
Ten copies of a diagram, drawn to scale showing the
dimensions of the property described in the petition.
(3)
A copy of the notice of public hearing.
(4)
A list containing the names and addresses of the real
property owners to whom notices were sent.
(5)
An affidavit of the timely mailing of said notice
of public hearing.
(6)
All return receipts.
