In accordance with §§ 7-706 and 7-708 of the Village Law, this chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Village Board on its own motion, upon public petition or upon recommendation by the Planning Board. Prior to the public hearing as specified in § 210-89C(1) of this article, every proposed amendment shall be referred by the Village Board to the Planning Board for a report which shall be rendered within 45 days of such referral.
The procedure for amending this chapter shall be as follows:
A.
All petitions for any amendments to the text of this chapter or to
the district boundaries designated on the Official Zoning Map shall
be filed with the Village Clerk in writing and in a form required
by the Village Board.
B.
Proposed amendments are actions subject to SEQRA. Prior to formal
consideration and public hearing, the Village Board shall make a determination
as to the type of action, lead agency status and environmental significance
or nonsignificance in accordance with Article 8 of the New York State
Environmental Conservation Law.
C.
Unless the amendment proposed is initiated by the Village Planning
Board, the Village Board shall refer all such proposals and all pertinent
information to the Planning Board for report and recommendations,
to be considered by the Village Board prior to its public hearing.
(1)
A full statement of the reasons behind the recommendations shall
accompany the Planning Board's report, specifically including:
(a)
For a proposed amendment to, or change in, the text of this
chapter:
[1]
Whether the change is consistent with the goals and principles
embodied in this chapter as to the particular districts concerned.
[2]
Which areas, land uses, buildings and establishments in the
Village will be directly affected by such change and in what way they
will be affected.
[3]
The indirect implications of such change in its effect on other
regulations.
[4]
Whether such proposed amendment is consistent with the aims of the development policies of the Village, as enunciated in Articles I and III of this chapter, in the records of the deliberations of the Zoning Commission, and in any future Comprehensive Development Plan as may be proposed by the Planning Board and adopted by the Village Board.
(b)
For a proposed amendment involving a change in the Zoning Map:
[1]
Whether the uses permitted by the proposed change would be appropriate
in the area concerned.
[2]
Whether adequate public school facilities and other public facilities
and services, including roads, exist or can be reasonably expected
to be created, to serve the needs of any additional dwelling or other
uses likely to be constructed as a result of such change.
[3]
Whether the proposed change is in accord with any existing or
proposed plans in the vicinity.
[4]
The effect of the proposed amendment upon the growth of the
Village as envisaged by the development policies of the Village.
(2)
If the Planning Board fails to make a recommendation within 45 days
of receiving the report, the Village Board may act without the Planning
Board's report. The forty-five-day period may be extended by
agreement of the Planning Board and the Village Board.
D.
By resolution adopted at a meeting of the Village Board, the Village
Board shall fix the time and place of a public hearing on the proposed
amendment and cause notice to be given in accordance with provisions
of § 7-706 of the Village Law. All notices of public hearing
shall specify the nature of any proposed amendment; the land or district
affected; and the date when, and the place where, the public hearing
will be held. At least 10 days' notice of the time and place
of such hearing shall be published in the official newspaper.
E.
All proposals within the criteria of §§ 239-l and
239-m of the General Municipal Law shall be referred by the Village
Clerk to the Rensselaer County Bureau of Budget, Research and Planning
for report and recommendation to be considered by the Village prior
to the public hearing. Such proposals include new local laws, map
amendments, text amendments and site plans review. If the Rensselaer
County Bureau of Budget, Research and Planning recommends modification
or disapproval, the Village Board may act contrary to the recommendation
only by a vote of a majority plus one of the entire Board and by adopting
a resolution fully setting forth reasons for such contrary action.
Pursuant to § 7-708 of the Village Law, if a protest
against the proposed amendment is presented to the Village Board,
duly signed and acknowledged by the owners of the 20% or more of the
area of land included in the 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, the 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 (excluding any map incorporate
herein), adopted in accordance with the Village Law shall be entered
into 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. A copy of the amendment,
together with a summary or abstract 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 of the amendment shall be filed with the Village Clerk. Such
minutes shall describe and refer to any map adopted in connection
with such local law or amendment.
