The Board of Trustees may from time to time,
either on its own motion or on petition of 50% or more of the owners
of frontage in any district or part thereof after public notice and
hearing, amend, supplement, change, modify or repeal the regulations,
restrictions and boundaries herein established pursuant to the provisions
of the Village Law of the State of New York, as amended from time
to time.
A.
It shall be the duty of the Board of Trustees to vote
90 days after the filing of the same by the petitioners with the Village
Clerk and after holding such hearings as may be required by law.
B.
If, however, a protest against such amendment, supplement
or change shall be presented, duly signed and acknowledged by the
owners of 20% or more of either the area of the lots included in such
proposed change or of those immediately adjacent in the rear thereof,
extending 100 feet therefrom, or of those directly opposite thereto,
extending 100 feet from the street frontage of such opposite lots,
such amendment shall not be passed except by a favorable vote of all
of the members of the Board of Trustees.
If any area is hereafter transferred to another
district, by a change in district boundaries, by an amendment as above
provided, the provisions of this chapter in regard to buildings or
premises existing at the time of the passage of this chapter shall
apply to buildings or premises existing at the time of the passage
of such amendment in such transferred area.
[Amended 8-8-1988 by L.L. No. 14-1988; 7-12-2004 by L.L. No.
1-2004; 1-9-2012 by L.L. No. 3-2012; 12-10-2018 by L.L. No. 2-2018; 4-8-2019 by L.L. No. 3-2019]
A.
Filing fees.
[Amended 5-13-2019 by L.L. No. 4-2019]
(1)
A
fee of $350 shall be required for any application to the Zoning Board
of Appeals.
(2)
A
fee of $350 shall be required for any application to the Planning
Board, other than an application for the subdivision or partitioning
of real property.
(3)
A
fee of $300 per lot proposed to be created shall be required for any
application to the Planning Board for a subdivision or partitioning
of real property.
(4)
A
fee of $350 shall be required for any application to the Board of
Trustees, other than an application for a change of zone.
(5)
A
fee of $500 shall be required for an application to the Board of Trustees
for a change of zone.
B.
Costs.
(1)
On all applications to the Board of Trustees, Zoning Board of Appeals
or Planning Board, the applicant shall be liable for and shall pay
to the Village the following costs which may be incurred by the Village
in processing the application:
(2)
All of the foregoing costs shall be consistent with the costs for
the services then prevailing in the community.
C.
Deposits.
(1)
In addition to the fees required in Subsection A hereof, the applicant shall deposit the following sums with the Village Clerk, which deposits are established to defray the actual costs listed in Subsection B hereof which will actually and necessarily be incurred by the Village in processing the application:
(a)
All applications to the Board of Trustees other than an application
for change of zone: $1,500
[Amended 5-13-2019 by L.L. No. 4-2019]
(b)
All applications to the Board of Trustees for a change of zone:
$2,000
[Amended 5-13-2019 by L.L. No. 4-2019]
(c)
All applications to the Zoning Board of Appeals: $1,500
[Amended 5-13-2019 by L.L. No. 4-2019]
(d)
All applications to the Planning Board for a subdivision or
partitioning of real property per lot proposed to be created: $1,500
[Amended 5-13-2019 by L.L. No. 4-2019]
(e)
All other applications to the Planning Board: $1,500
[Amended 5-13-2019 by L.L. No. 4-2019]
(f)
Upon application for a building permit or a permit to open a
road, if the Superintendent of Building and Zoning or the Village
Engineer determines that the proposed construction may cause damage
to Village or private property, the applicant shall deposit, in an
amount determined by the Superintendent of Building and Zoning or
the Village Engineer, a sum which shall be sufficient to ensure the
protection of the Village or private property involved.
[1]
In the event that Village property is damaged during the course
of construction in connection with the building permit or road-opening
permit that has been issued, the Village shall request that the owner
repair the damage in a good and workmanlike manner, meeting the Village
standards. In the event that the owner of the property does not repair
the Village property as aforesaid, the Village may make the necessary
repairs and reimburse itself for the reasonable costs of said repairs
from any deposit received, provided that the Village notifies the
property owner, in writing, of its intention to make the repairs and
the property owner does not make the repairs within 10 days, except
that the Village reserves the right, without waiving its entitlement
herein to reimbursement, to correct, without waiting the ten-day period,
any condition deemed by the Village to be a danger to the public health,
safety and welfare and to repair and resurface all openings in public
roads.
D.
Action on application. No action shall be taken by any Village board or any Village official on any application subject to the requirements of this chapter until all fees and deposits required hereunder are paid in full or modified by the Board of Trustees pursuant to Subsection F hereof.
E.
Inconsistent prior fees and deposits superseded. The provisions of
this section shall supersede all prior requirements for fees and deposits
applicable to the matters and applications set forth herein.
F.
Hardship review. In the event that any fee or deposit established
in this chapter creates an economic or other hardship, application
may be made to the Board of Trustees, which is hereby authorized to
modify such fee and/or deposit, in its legislative discretion, after
appropriate hearing.
This chapter shall be known as and may be cited
as the "Village of East Rockaway Zoning Code."
