The Town Board, upon its own motion or by petition, may from
time to time amend, supplement, change, modify or repeal this chapter,
including the Zoning Map, by proceeding in accordance with the Town
Law.
All petitions for changes or amendments to this chapter (including
any part incorporated therein), exclusive of a change or amendment
initiated by the Town Board on its own motion, shall be made by filing
the original and 13 copies and shall be accompanied by 14 copies of
an accurately drawn map showing the dimensions of the property to
be considered, tied in by distance to the nearest recognized street
intersection. A last owners search certified by a New York State licensed
attorney at law or title company with offices in Suffolk County, certifying
the current owner of all adjoining parcels within a radius of 500
feet of the subject property, shall be filed with the Town Clerk.
For the purpose of this section, "current owner" shall mean the owner
of record as shown on the current Riverhead Town assessment roll.
Upon application, the Town Clerk shall provide to the applicant a
sign to be immediately posted at the property indicating that a change
of zone application is pending before the Riverhead Town Board. Said
application shall be referred to the Planning Board, which will transmit
its recommendations to the Town Board within 60 days of the date of
referral. After receipt of the recommendations of the Planning Board,
the Town Board shall hold a public hearing upon notice as required
by § 265 of the Town Law. The Town Clerk shall forward the
public hearing notice to the applicant, or his agent, by certified
mail, and the applicant, or his agent, shall then fill in the date
and time of the public hearing on the sign heretofore posted at the
subject property. Additionally, the applicant, or his agent, shall
forward a certified copy of the public hearing notice, by certified
mail, to all property owners within a five-hundred-foot radius of
the subject property, posted at least seven days prior to the date
of the public hearing to be affected by the change of zone, and the
applicant shall pay all expenses of said hearing, including but not
limited to publication costs, postage and transcription of testimony.
The Town Board may require the sworn testimony of such persons as
it deems necessary for a full and complete hearing on the application.
The Town Board may adjourn the public hearing for the purpose of taking
further testimony or requiring the production of further information.
[Amended 12-29-1989; 5-20-1997; 12-2-2003 by L.L. No. 26-2003]
A.
Prior to the filing of each application for a change or amendment
of this chapter, a fee shall be paid to the Town Clerk with respect
thereto in the following amounts:
(1)
Change of zone petition resulting in construction of a building
or buildings with a total area of less than 4,000 square feet or less
shall be $1,500.
(2)
Change of zone petition resulting in construction of a building
or buildings with a total area of 4,000 square feet or greater shall
be $2,500.
B.
The cost of the publication of notice of public hearing shall be
paid by the applicant prior to the date of public hearing.
Each application shall be accompanied by the affidavit of a
person having personal knowledge of the facts, stating the name and
address of each person, firm or corporation having an interest in
the property to be considered and the name and address of each officer,
director, shareholder and person owning any interest in any such firm
or corporation or in the firm or corporation making the application.
Only the 10 largest shareholders of a corporation need be listed.
In lieu of the listing of shareholders, the affidavit may show the
listing of the corporation's stock on a recognized stock exchange.
[Amended 7-6-1971]
Nothing herein shall be deemed as to affect the disclosure requirement
of § 809 of the General Municipal Law. Disclosure under
§ 809 shall be by affidavit submitted with each application,
either by setting forth the names of the persons covered by that section
or by stating that there are no such persons. The affidavit required
by § 809 may be combined with any affidavit required hereunder,
as may be convenient.
