[Amended 9-10-2003 by L.L. No. 2-2003]
The Village Board may, from time to time, on
its own motion or on petition or on recommendation from the Planning
Board, amend the regulations and districts established under this
chapter after public notice and hearing in each case. All petitions
for any amendments of the regulations or districts herein established
shall be filed in writing on a form required by the Village Board
and shall be accompanied by a certified check in an amount as set
from time to time by resolution of the Village Board of Trustees to
help defray the cost of advertising the hearing on said petition and
incidental disbursements.
Every proposed amendment, unless initiated by
the Planning Board, shall be referred to the Planning Board. The Planning
Board shall report its recommendations thereon to the Village Board,
accompanied by a full statement of the reasons for such recommendations,
prior to the public hearing. If the Planning Board fails to report
within a period of 45 days from the data of receipt of notice or such
longer time as may have been agreed upon by it and the Village Board,
the Village Board may act without such report.
The Village Board, by resolution, shall fix
the time and place of the public hearing and cause notice to be given
as follows:
A. By publishing a notice of the proposed amendment and
the time and place of the public hearing in a newspaper of general
circulation in the Village not less than 15 days prior to the date
of public hearing.
B. By giving written notice of hearing to any required
municipal, county, regional, metropolitan, state or federal agency
in the manner prescribed by law.
If a protest against the proposed amendment
is presented to the Village Board, duly signed and acknowledged, by
the owners of 20% or more of the area of land included in such proposed
amendment, or by the owners of 20% or more of the area of the land
immediately adjacent extending 100 feet therefrom, or by the owners
of 20% or more of the area of land directly opposite thereto extending
100 feet from the street frontage of such opposite land, such amendment
shall not be passed except by the favorable vote of at least 3/4 of
the members of the Village Board.
[Amended 6-29-2000 by L.L. No. 4-2000]
A. Pursuant to § 7-738 of the Village Law of
the State of New York, the Planning Board is hereby authorized to
reduce or increase the bulk requirements, except density, as set forth
in this chapter by up to 10% of the requirement, simultaneous with
the approval of any plat. In determining whether to vary a bulk requirement,
the Planning Board shall also consider:
(1) Whether an undesirable change will be produced in
the character of the neighborhood or a detriment to nearby properties
will be created;
(2) Whether the benefit sought can be achieved by some
other feasible method;
(3) Whether the change in bulk requirements is substantial;
and
(4) Whether the change in bulk requirements will have
an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district.
B. Authorization to approve conservation subdivisions. Pursuant to § 10 of the Municipal Home Rule Law of the State of New York and § 7-738 of the Village Law of the State of New York, the Planning Board is also authorized to approve a conservation subdivision as defined and described in the subdivision regulations of the Village of Kinderhook, Chapter
110, Subdivision of Land, of the Village of Kinderhook Code.
[Amended 8-11-1993 by L.L. No. 1-1993]
Every amendment to this chapter, including any
map incorporated therein, adopted in accordance with the Village Law,
shall be entered in the minutes of the Village Board; and a copy,
summary or abstract thereof, exclusive of any map incorporated therein,
shall be published once in the official newspaper of the Village;
and a copy of such amendment, together with a copy of any map incorporated
therein, shall be posted conspicuously at or near the main entrance
to the office of the Village Clerk; and affidavits of the publication
and posting thereof shall be filed with the Village Clerk.