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 amendment of
the regulations or districts herein established shall be filed in
writing in a form required by the Village Board.
If a protest against a 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, such amendment shall not be
passed except by the favorable vote of at least 3/4 of the members
of the Village Board.
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 date 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. If the Planning Board disapproves
the proposed amendment or recommends modification thereof, the Village
Board shall not act contrary to such disapproval or recommendation
except by the adoption of a resolution fully setting forth the reasons
for such contrary action, a copy of said resolution to be furnished
to the Planning Board.
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 the official paper of the Village not
less than 10 days prior to the date of the public hearing.
B. For required referrals, by giving written notice of the hearing to any required municipal, county or state agency in the manner prescribed by Article 12-B, § 239-m, of the General Municipal Law. (See §
119-61 herein.)
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 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 on a signboard
maintained by the Village Clerk pursuant to the Village Law. Affidavits
of the publication and posting thereof shall be filed with the Village
Clerk.