The Board of Trustees of the Village may from
time to time on its own motion or on petition, after public notice
and hearing, amend, supplement, change, modify or repeal the regulations,
restrictions or boundaries herein established. In case, however, of
a protest against such change signed by the owners of 20% or more
of the area of the land included in such proposed change, or by the
owners of 20% or more of the land immediately adjacent extending 100
feet therefrom, or by the owners of 20% or more of the land directly
opposite thereto extending 100 feet from the street frontage of such
opposite land, such amendment shall not become effective except by
the favorable vote of all the members of the Board of Trustees.
The Board of Trustees, by resolution adopted
at a stated meeting, shall fix the time and place of a public hearing
on the proposed amendment and cause notice thereof to be given as
follows:
A.
By giving at least 15 days' notice of the time and
place of such hearing, which notice shall be published in a paper
of general circulation in the Village of Farmingdale.
B.
By mailing notice thereof to every association of
residents of the Village which shall have registered its name and
address for this purpose with the Board of Trustees.
C.
The notice shall state the general nature of the proposed
amendment.
[Amended 6-25-1951[1]]
A.
Each
person requesting a public hearing for a change of zone or an amendment
of the boundaries of the zoning district existing under this chapter,
or a change in the minimum setback lines shown and designated on the
Use District Map being a part of this chapter, shall present to the
Board of Trustees a written petition therefor setting forth the grounds
upon which such change or amendment is requested, accompanied by a
survey or map showing the proposed change and such other information
as may be required by the Board of Trustees. Such application shall
be filed with the Village Clerk-Treasurer, and the applicant shall
pay to said Village Clerk-Treasurer upon the filing thereof a fee
as shall be set from time to time by resolution of the Board of Trustees,
with a schedule of such fees to be maintained by the Village Clerk-Treasurer.
Nothing herein contained shall be construed to require the Board of
Trustees to hold the public hearing upon said petition; provided,
however, that if a public hearing is not held thereon, then the fee
shall be returned to the applicant.
B.
Fees
and expenses. In addition to the other fees required by the Superintendent
of Buildings, the applicant shall be required to pay the cost associated
with outside engineering, architectural, legal and other consulting
professionals retained by or on behalf of the Village of Farmingdale
which are deemed necessary by the Superintendent of Buildings to assist
with the change of zone application. No building permit shall be issued
pursuant to the provisions of this article until all expenses incurred
by the Planning Board for outside engineering, architectural, legal
and other consulting professionals or other extraordinary expenses
in connection with the review of a site plan are reimbursed to the
Village by the applicant. At the time of application, the applicant
shall deposit with the Village Clerk-Treasurer such amount to cover
consultation fees and extraordinary expenses as shall be established
from time to time by resolution of the Board of Trustees.
