The purpose of this article is to allow for amendment to this
code by petition of a property owner, resolution by the Development
Board or upon the Board of Trustees' own initiative, whenever the
public necessity and convenience and the general welfare require such
amendment, by following the procedure of this article.
The Board of Trustees, from time to time, may amend this code,
including the official Zoning Map, pursuant to the provisions of this
article, upon its own motion, or petition by one or more property
owners (petitioner(s)), or by resolution of the Development Board
that requests a specific amendment of this code. A property owner
may apply for amendment to this code by filing a written request with
the Village Clerk. The application shall include a petition requesting
the Board of Trustees to amend a particular provision or provisions
of this code and/or the Zoning Map, a description of the requested
amendment, identification and description of the property or properties
affected, a map showing the property or properties affected and all
properties within a radius of 500 feet of the exterior boundaries
thereof, and the applicable filing fee. In the case of a requested
amendment that does not apply to an amendment of the Zoning Map or
otherwise affecting specific properties, no properties need be identified
as affected.
Should the Board of Trustees decide to consider with the requested
amendment, the Board of Trustees shall refer it to the Development
Board for a recommendation. No action shall be taken on the requested
amendment referred to the Development Board until its recommendation,
in writing, has been received by the Board of Trustees, or 30 days
have elapsed after such referral has been made, unless the Development
Board and Board of Trustees agree to an extension beyond the thirty-day
requirement for the Development Board's review and recommendation.
The Board of Trustees shall consider the Development Board's recommendation.
The Board of Trustees, in deliberating on whether to adopt a
proposed amendment to this code, including but not limited to a proposed
rezoning of a parcel or parcels of property or any modification to
the Zoning Map, shall consider the proposed amendment in relation
to the goals and objectives of the LWRP and the Comprehensive Plan
and shall only adopt the proposed amendment if it is consistent and
in accordance with the goals and objectives of the Village Comprehensive
Plan and LWRP.
No proposed amendment shall become effective until after a public
hearing thereon at which members of the public shall have an opportunity
to be heard on the proposed amendment. The Board of Trustees shall
set, by resolution at a duly called meeting, the time and place for
a public hearing on proposed amendments and shall cause public notice
to be published, posted and circulated as set forth below. If a proposed
amendment is initiated by petition, the petitioner(s) shall be responsible
for the costs of publication and circulation of notice.
B.
Notice to adjacent municipalities. Pursuant to Article 12B, § 239-I,
of the General Municipal Law, written notice of any proposed amendment
affecting property within 500 feet of an adjacent municipality shall
be served in person or by mail upon the Clerk of such municipality
at least 10 days prior to the date of public hearing. Representatives
of neighboring municipalities receiving notification of a proposed
amendment shall have the right to appear and be heard at the public
hearing thereon.
The Board of Trustees may adopt amendments to this code by a
majority vote of its membership, except in the case of local protest
or, with respect to such amendments affecting the portion of the Village
in Essex County, a recommendation of modification or disapproval by
the Essex County Planning Board.
A.
Local protest. A majority plus one vote of all Board of Trustees
members shall be required for passage of any amendment which is subject
to a written protest signed and acknowledged by the owners of land
comprising 20% or more of land area in any of the following areas:
(1)
The land area included in the proposed amendment;
(2)
The land area immediately adjacent to the area proposed to be changed
and extending 100 feet therefrom; or
(3)
The land area directly opposite the area proposed to be changed and
extending 100 feet from the road frontage of such oppositeland.
B.
Essex County disapproval. Pursuant to General Municipal Law § 239-m(5),
if the Essex County Planning Board recommends modification or disapproval
of a proposed amendment, a majority plus one vote of all Board of
Trustees members shall be required for passage of the amendment.
The Board of Trustees shall send notice of its decision regarding
the proposed amendment and a copy of the actual amendment to the person(s)
petitioning for the amendment to the Director, who shall distribute
it to the Development Board, Essex County Planning Board, and the
Adirondack Park Agency, as appropriate.
Where a permit or approval has been lawfully issued for a project
and such project would be rendered nonconforming by an amendment of
this code, such project shall have the right to be completed pursuant
to the provisions in effect when the project permit was issued only
if, in the case of a project primarily involving a building, the foundation
has been completed prior to the effective date of the amendment and,
in the case of a project not primarily involving a building, construction
or site preparation has been completed prior to the effective date
of the amendment.
Unless the amendment provides for a different effective date,
each amendment adopted by the Board of Trustees shall take effect
when filed with the Secretary of State of the State of New York pursuant
to the Municipal Home Rule Law of the State of New York.
