A.
The regulations, restrictions and boundaries established by this
chapter may, from time to time, be amended, supplemented, changed
or modified or repealed by law in accordance with the procedures provided
by §§ 7-706 and 7-708 of the Village Law.
B.
The Village Board may from time to time amend, supplement or repeal,
in whole or in part, this zoning chapter, subject to the provisions
of this chapter and Village Law. Such amendment shall be adopted by
majority vote of the Village Board and may be initiated in the following
ways:
(1)
By the Village Board on its own motion.
(2)
On the recommendation of the Planning Board or the Zoning Board of
Appeals.
(a)
Public hearing. No amendment to this chapter shall become effective
until a public hearing is held in relation thereto at which the general
public shall have an opportunity to be heard.
(b)
Newspaper notice of hearing. At least 10 days prior to the date
of such public hearing, a notice of the time and place shall appear
in the official newspaper of the Village. Such notice shall describe
the area, boundaries, regulations, or requirements that such proposed
change involves.
(c)
Publication and posting. Every amendment to this zoning 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 summary of such amendment, exclusive of any map incorporated
into the amendment, shall be published once in a newspaper of general
circulation in the Village. In addition, a copy of such law or amendment,
together with a copy of any updated map, shall be posted at Village
Hall.
(d)
Effective date. An amendment or change in this zoning chapter
shall take effect immediately upon filing of the Zoning Law with the
Secretary of State in accord with Article 3 of the Municipal Home
Rule Law.
C.
County referral. All amendments to this chapter which would change
the district classification or the regulations applying to real property
lying within a distance of 500 feet from the boundary of the Village
of Nassau or the boundary of any existing or proposed county or state
park or other recreational area, or from the right-of-way of any existing
or proposed county or state parkway, thruway, expressway, road or
highway, or from the right-of-way of any existing or proposed stream
or drainage channel owned by the county or for which the county has
established channel lines, or from the existing or proposed boundary
of any county- or state-owned land on which a public building or institution
is situated, shall be referred to the Rensselaer County Planning Board
as required by § 239-m, Subdivision 2, of the General Municipal
Law. The term "proposed" shall be deemed to include only those recreational
areas, parkways, thruways, expressways, roads or highways which are
shown on a County Plan of Rensselaer County adopted pursuant to § 239-d
of the General Municipal Law or adopted as an Official Map of Rensselaer
County pursuant to § 239-g of the General Municipal Law.
If the Rensselaer County Planning Board fails to report within 30
days after receipt of a full statement of such referred matter, the
Board of Trustees of the Village of Nassau may act without such report.
If the Rensselaer County Planning Board disapproves of the proposed
amendment, supplement, change or modification or recommends modification
of the proposal of the Village of Nassau, the Board of Trustees shall
not act contrary to such disapproval or recommendation except by a
vote of a majority plus one of all the members thereof and after the
adoption of a resolution fully setting forth the reasons for such
contrary act. The Board shall file a report of its final action taken
with the County Planning Board within 30 days after its decision has
been made.
D.
Referral to adjacent municipalities. At least 10 days prior to the
date of the public hearing, written notice of any proposed change
or amendment affecting property within 500 feet of the boundary of
any adjacent town or village shall be transmitted by the Village Clerk
to the Town or Village Clerk of that town or village. The town or
village shall have the right to appear and to be heard at such public
hearing with respect to any such proposed change or amendment.
Wherever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations
or ordinances, the more restrictive or those imposing the higher standards
shall govern.
This chapter shall be known as and may be cited and referred to as "Chapter 120 of the Code of the Village of Nassau."
