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.
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.
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 public hearing.
B. County referral. Should any amendment involve any change in the boundaries
of any district, which change would occur within a distance of 500
feet of the boundary of any Village, town or city or change the regulations
applying to any district so located or within 500 feet of any existing
or proposed county or state park or other recreation area; right-of-way
of any existing or proposed county or state parkway, thruway, expressway,
road or highway; right-of-way of any stream or drainage channel owned
by the state or county or for which the county has established channel
lines; or boundary of any state- or county-owned land on which a public
building or institution is situated, including public housing projects
or lands of such authorities, such amendment, accompanied by notice
of public hearing, shall be forwarded to the Westchester County Planning
Department by the Village Clerk in accordance with the Westchester
County Administrative Code, at least 10 days prior to the public hearing.
The Village Clerk shall also cause notice to be sent to the Clerks
of any effected municipalities. If the County Planning Department
disapproves the proposed amendment or recommends modification thereof,
the Board of Trustees shall not act contrary to such disapproval or
recommendation except by affirmative vote of four members, setting
forth in such resolution the reasons for such contrary action.
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 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 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 and Secretary of State's office.
From time to time, at intervals of not more than five years,
the Planning Board shall reexamine the provisions of this chapter
and the location of district boundary lines and shall submit a report
of its findings and recommendations to the Village Board.