In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, morals and
general welfare. It is not intended by this chapter to abrogate, annul
or in any way to impair or interfere with any existing provisions
of law or with any rules, regulations or permits previously adopted
or issued or which shall be adopted or issued pursuant to law relating
to the use of buildings or premises. Where this chapter imposes a
greater restriction upon the use of buildings or premises or upon
the height of buildings, or requires larger yards or other open spaces
than are imposed or required by such existing provisions of law or
by such rules or regulations or permits, the provisions of this chapter
shall control.
[Added 9-4-2001 by L.L. No. 2-2001]
All contractors performing any work in the Village
will register with the Village Building Office. The requirements to
register are:
A.
Building permits and certificates of occupancy. No
person, firm, corporation, association or other organization shall
commence the erection, construction, enlargement, alteration, improvement,
removal, demolition of any building or structure (including swimming
pools, storage buildings, fencing, roofing and siding), nor change
the occupancy classification and/or install plumbing, electrical,
heating or ventilation systems without having applied for and obtained
a permit from the Village of Massena. However, no permit shall be
required for the performance of necessary repairs (such as the replacement
of existing windows and doors or the construction of patios at grade
level) which are not of a structural nature. Such work shall nevertheless
be done in conformance with the Uniform Code.
[Added 9-4-2001 by L.L. No. 2-2001]
B.
Enforcement by the Code Enforcement Officer.
(1)
It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter and all related rules, conditions
and requirements adopted or specified pursuant thereto.
(2)
The Code Enforcement Officer and his duly authorized
assistant(s) shall have the right to enter any building or enter upon
any land at any reasonable hour as necessary in the execution of their
duties, provided that:
(a)
The Code Enforcement Officer shall notify the
occupant before conducting any inspection.
(b)
The Code Enforcement Officer or his duly authorized
assistant(s) shall display identification from the Village of Massena
upon commencing an inspection.
(c)
Inspections shall be commenced in the presence
of the owner or his representative or the occupant.
(3)
The Code Enforcement Officer shall maintain a record
of complaints of a violation of the provisions of this chapter, as
well as action taken as a result of such complaints.
(4)
The Code Enforcement Officer shall submit to the Village
Board, for insertion in the Board minutes, a written report summarizing
for the month all permits issued.
(5)
Work for which a building permit is in effect shall
be inspected for approval prior to enclosing or covering each stage
of construction, including building location, site preparation, excavation,
foundation, framing, superstructure, electrical, plumbing and heating
and air conditioning. It shall be the responsibility of the applicant
to inform the Code Enforcement Officer that the work is ready for
inspection.
(6)
Existing buildings not subject to inspection under
Subsection A(5) of this section shall be subject to periodic inspections
for compliance with the Uniform Code. Notwithstanding any requirement
of this section to the contrary, no regular periodic inspections of
occupied dwelling units shall be required. This shall not be a limitation
on inspections conducted at the invitation of the occupant or where
conditions on the premises threaten or present a hazard to the public
health, safety or welfare.
C.
Permits.
(1)
Except as may be otherwise provided elsewhere in this
chapter, all applications for building permits and use permits as
required by this chapter shall be accompanied by plans in duplicate,
drawn to scale, showing actual shape and dimensions of the lot to
be built upon or used; the size and location of all existing and proposed
structures on the lot; the existing and intended use of each building
or lot or part of each building or lot; the number of families or
housekeeping units the building is designed to accommodate; and such
topographic or other information with regard to the building, the
lot or neighboring lots as may be necessary to determine that the
proposed construction will conform to the provisions of this chapter.
One copy of such plans shall be returned when approved and one copy
shall be kept on file by the Code Enforcement Officer.
(2)
All dimensions shown on these plans relating to the
location and size of the lot to be built upon shall be based on a
survey made by a licensed land surveyor, and the lot shall be staked
out on the ground before construction is started.
(3)
No building permit or use permit shall be issued for any building or use subject to site plan approval by the Planning Commission, except in conformity with the plan approved by said Commission or unless found by the Code Enforcement Officer to be exempt from site plan approval pursuant to § 300-29E of these regulations.
[Amended 10-5-1995 by L.L. No. 3-1995]
(4)
No building permit or use permit shall be issued for
a building or use permitted subject to a variance granted by the Board
of Appeals, except in accordance with all conditions which may have
been prescribed by such Board.
(5)
The Code Enforcement Officer shall, within 10 days
after the filing of a complete and properly prepared application,
either issue or deny a building permit. If a building permit is denied,
the Code Enforcement Officer shall state in writing to the applicant
the reasons for such denial.
(6)
Every building permit shall expire if the work authorized
has not commenced within three months after the date of issuance or
has not been completed 12 months from such date for construction costing
less than $1,000,000 or has not been completed within 18 months from
such date for construction costing in excess of such amount. If no
amendments to this Zoning Chapter or to other codes or regulations
affecting subject property have been enacted in the interim, the Code
Enforcement Officer may authorize, in writing, the extension of either
of the above periods for an additional six months, following which
no further work is to be undertaken without a new building permit.
(7)
As soon as the foundation of a building or of any
addition to an existing building is completed and before first-story
framing or wall construction is begun, there shall be filed with the
Code Enforcement Officer an accurate survey signed by the person responsible
for said survey, showing the exact location of such foundation with
respect to the street and property lines of the lot.
(8)
Application for a building permit shall be accompanied
by a fee as set forth in the fee schedule of the Village of Massena
as shown below:
[Amended 10-2-2007 by L.L. No. 2-2007]
|
Construction Value
|
Fee
| |
|
Minimum fee $0 to $4,000
|
$25
| |
|
For each $1,000 above $4,000
|
$2
| |
|
Sidewalk permit
|
$25
| |
|
Demolition permit
|
$10 for each $1,000 of building assessed value
| |
|
Add-on fee for not obtaining a building permit
|
$50 for 1st violation, $100 for 2nd and further
violations
|
(9)
No permit for excavation or construction shall be
issued by the Code Enforcement Officer until the plans and specifications
and the intended use conform to the provisions of this chapter.
D.
Certificate of occupancy.
(1)
Certificate required.
(a)
It shall be unlawful for an owner to use or
permit the use of a building or premises or part thereof hereafter
created, erected, changed, converted, restored or enlarged, moved
wholly or partly, in its use or structure, until a certificate of
occupancy shall have been issued by the Code Enforcement Officer.
Such certificate shall show that such building or premises or part
thereof and the proposed use thereof are in conformity with the provisions
of this chapter. It shall be the duty of the Code Enforcement Officer
to issue a certificate of occupancy, provided that the building and
the proposed use thereof conform to all the requirements herein set
forth.
(b)
No use or occupancy of a building or structure
may be commenced until a certificate of occupancy has been issued
for that building or structure. A temporary certificate of occupancy
may be issued by the Code Enforcement Officer if the building or structure
or a designated portion of a building or structure is sufficiently
complete so that it may be put to the use for which it is intended.
A temporary certificate of occupancy shall expire in six months, but
it may be renewed once.
(c)
A certificate of occupancy shall be deemed to
authorize and is required for both initial occupancy and the continued
occupancy and use of the building or land to which it applies.
(2)
Application for a certificate of occupancy for a new
building or for an existing building which has been altered shall
be made on forms furnished by the Code Enforcement Officer, after
erection of such building or part thereof has been completed. In the
case of a new building, such application shall be accompanied by an
accurate plot plan, or if not available, by a survey prepared by a
licensed land surveyor or engineer showing the location of all buildings
as built.
(3)
If the proposed use is in conformity with the provisions
of this chapter and all other applicable codes, laws and ordinances,
a certificate of occupancy for the use of vacant land or for a change
of use shall be issued by the Code Enforcement Officer within 10 days
after receipt of a properly completed application. If a certificate
of occupancy is denied, the Code Enforcement Officer shall state the
reasons, in writing, to the applicant.
(4)
A record of all permits and certificates of occupancy
shall be kept in the office of the Code Enforcement Officer.
(5)
Fee for certificate of occupancy/certificate of compliance:
$25.
[Added 10-2-2007 by L.L. No. 2-2007]
E.
Construction commencing prior to enactment of this
chapter. All permits for buildings and structures issued prior to
the enactment of this chapter which are contrary to the provisions
of this chapter shall be null and void unless the construction of
said building or structure has been substantially commenced prior
to the enactment of this chapter. If building operations are discontinued
for a period of 12 months, any further construction shall be in conformity
with the provisions of this chapter.
F.
Other fees.
[Added 10-2-2007 by L.L. No. 2-2007]
A.
The powers of the Board of Appeals shall be those
specified by Village Law § 7-712 and as set forth below.
B.
Appellate jurisdiction.
(1)
The Board of Appeals, after the proper public hearing
and notice, shall hear and decide appeals from and review any order,
requirement, decision or determination made by the Code Enforcement
Officer or other officer charged with the enforcement of this chapter.
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of this chapter, such Board
shall have the power, in passing upon appeals, to vary or modify the
application of any of the regulations or provisions of this chapter
relating to the use, construction or alteration of buildings or structures
or the use of land so that the spirit of this chapter shall be observed,
public safety and welfare secured and substantial justice done.
(2)
It may, in a specific case, with public notice and
hearing and subject to appropriate conditions and safeguards, grant
conditional and temporary permits for a period of six months and may
renew such permits for one additional period of six months for use
of existing structures not otherwise permitted by this chapter in
the district in which such structures are located.
C.
Original jurisdiction. The Board of Appeals may, in
a specific case, after public notice and hearing, determine and vary
the application of the regulations herein established in harmony with
their general purpose and intent.
(1)
Variances. The Board of Appeals may vary or adapt
the strict application of any of the requirements of these regulations
where strict application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use of the
land or building involved.
[Amended 9-4-2001 by L.L. No. 2-2001]
(a)
Use variance. The Board of Appeals, on appeal
from the decision or determination of the administrative official
charged with the enforcement of these regulations, shall have the
power to grant use variances as defined herein.
[1]
No such use variance shall be granted by a Board
of Appeals without a showing by the applicant that the applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship the applicant shall demonstrate
to the Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
[a]
The applicant cannot realize a
reasonable return, provided that lack of return is substantial as
demonstrated by competent financial evidence;
[b]
That the alleged hardship relating
to the property in question is unique, and does not apply to a substantial
portion of the district or neighborhood;
[c]
That the requested use variance,
if granted, will not alter the essential character of the neighborhood;
and
[d]
That the alleged hardship has not
been self-created.
[2]
The Board of Appeals, in granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(b)
Area variance. The Zoning Board of Appeals shall
have the power, upon an appeal from a decision or determination of
the administrative official charged with the enforcement of these
regulations, to grant area variances as defined herein.
[1]
In making its determination, the Zoning Board
of Appeals shall take into consideration the benefit to the applicant
if the variance is granted, as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. In making such determination the Board shall also consider:
[a]
Whether an undesirable change will
be produced in the character of the neighborhood or a detriment to
nearby properties will be created by the granting of the area variance;
[b]
Whether the benefit sought by the
applicant can be achieved by some method, feasible for the applicant
to pursue, other than an area variance;
[c]
Whether the requested area variance
is substantial;
[d]
Whether the proposed variance will
have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district; and
[e]
Whether the alleged difficulty
was self created, which consideration shall be relevant to the decision
of the Board of Appeals, but shall not necessarily preclude the granting
of the area variance.
[2]
The Board of Appeals, in granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(c)
Imposition of conditions. The Board of Appeals
shall, in granting of both use variances and area variances, have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property, and/or the period of time such variance shall be in effect.
Such condition shall be consistent with the spirit and intent of this
chapter, and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
A.
Purpose. It is the objective of this section to provide
a process of detailed examination of the particular features of a
specific site and its proposed use in order that the overall purpose
of these regulations may be achieved in the most equitable and exacting
manner possible.
B.
Planning Commission approval (site plan). The Planning
Commission is hereby empowered to review and approve site plans and
to approve the issuance of any building permit or use permit for those
uses required to have such site plan approved. In all districts, site
plan approval by the Planning Commission shall be required for:
[Amended 10-5-1995 by L.L. No. 3-1995]
(1)
All uses of vacant land where the district regulations
require site plan approval for that use; or
(2)
Any change in use or intensity of use which will affect the characteristics of the site in terms of the considerations listed in § 300-31G; notwithstanding that, a use may be exempted from site plan approval where the Code Enforcement Officer finds that the proposed use would be conducted with no change in provisions for traffic access, circulation, parking, landscaping and screening as shown on a site plan previously approved by the Planning Commission for a use within the same or similar land use category.
C.
Objectives. In considering and acting upon site plans,
the Planning Commission shall take into consideration the public health,
safety and welfare and the comfort and convenience of the public in
general and of the residents of the proposed development and of the
immediate neighborhood in particular and may prescribe such appropriate
conditions and safeguards as may be required in order that the result
of its action shall, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives
in particular.
(1)
Traffic access. That all proposed traffic accessways
are adequate but not excessive in number; adequate in width, grade,
alignment and visibility; not located too near street corners or other
places of public assembly; and other similar safety conditions.
(2)
Circulation and parking. That adequate off-street
parking and loading spaces are provided to prevent the parking in
public streets of vehicles of any persons connected with or visiting
the use, and that the interior circulation system is adequate to provide
safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening. That all playground, parking
and service areas are reasonably screened at all seasons of the year
from the view of adjacent residential lots and streets, and that the
general landscaping of the site is in character with that generally
prevailing in the neighborhood. Existing trees over eight inches in
diameter, measured three feet above the base of the trunk, shall be
retained to the maximum extent possible.
D.
Procedure. Site plan reviews shall be conducted according
to the following:
(1)
The Code Enforcement Official shall determine the
completeness of any application made for a use requiring site plan
approval and shall notify the applicant within seven days of the date
of application submission if such application is incomplete or deficient
in any way and shall further specify the deficiencies.
(2)
The Planning Commission shall hold a presubmission
conference with the applicant to review the basic site design concept
and determine the information to be required on the final site plan.
(3)
Within six months following the presubmission conference,
eight copies of the site plan and any related information shall be
submitted to the Code Enforcement Officer at least 10 days prior to
the Planning Commission meeting at which approval is requested. If
not submitted within this six-month period, another presubmission
conference may be required.
(4)
The Planning Commission shall act to approve, approve
with conditions or disapprove any such site plan within 62 days after
the meeting at which approval is requested. Failure to act within
62 days shall be deemed approval. Planning Commission disapproval
shall include written findings upon any site plan element found contrary
to the provisions or intent of this chapter. In reviewing the application,
the Planning Commission may secure the advice or assistance of one
or more expert consultants qualified to advise as to whether a proposed
use will conform to the requirements of this chapter. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and such Board. The decision of
the Planning Board shall be filed in the office of the Village Clerk
within five business days after such decision is rendered and a copy
thereof mailed to the applicant. The Planning Board shall comply with
the provisions of the State Environmental Quality Review Act under
Article 8 of the Environmental Conservation Law and its implementing
regulations.
[Amended 9-4-2001 by L.L. No. 2-2001]
(5)
Approval of amendments to an approved site plan shall
be acted upon in the same manner as the application for approval of
the original site plan.
(6)
Notice of the Planning Commission's decision shall
be given to the Code Enforcement Official, who shall forward this
information to the applicant.
(7)
A copy of the Planning Commission's determination
shall be attached to the final site plan and filed with the Code Enforcement
Officer. A copy of such determination and site plan shall be provided
to the applicant.
(8)
Whenever the circumstances of a proposed development require, the site plan shall be referred to the County Planning Board under § 239-m of the General Municipal Law and § 300-32 of this chapter.
(9)
A site plan, following approval by the Planning Commission,
shall be valid for a period of 120 days from the date of such approval.
If work is commenced within the period of 120 days, such approval
shall be valid for a period of one year from the date of approval.
Upon application, the Planning Commission shall have the right to
extend any period of approval to not more than two years from the
date of original approval, provided that no single extension exceeds
one year in length.
E.
Required submissions. The Planning Commission shall
have the authority to require or to waive any or all of the following
in its consideration of a site plan:
(1)
Legal data.
(a)
Section, plat, block and lot numbers of the
property, taken from the latest tax records.
(b)
Name and address of the owner of record.
(c)
Name and address of person, firm or organization
preparing the map.
(d)
Date, North point and written and graphic scale.
(e)
Sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and tenths of a foot. All angles shall be given to the nearest
10 seconds or closer. The error of closure shall not exceed one in
10,000.
(f)
Locations, names and existing widths of adjacent
streets and curblines.
(g)
Locations and owners of all adjoining lands
as shown on the latest tax records.
(h)
Location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjacent to the property.
(i)
A complete outline of existing deed restrictions
or covenants applying to the property.
(j)
Existing zoning.
(2)
Existing structures and utilities.
(a)
Location of uses and outlines of structures,
drawn to scale, on and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access
between the site and public streets.
(c)
Locations, dimensions, grades and flow direction
of existing storm and sanitary sewers, culverts and waterlines, as
well as other underground and aboveground utilities within and adjacent
to the property.
(d)
Other existing development, including fences,
landscaping and screening.
(3)
Proposed development.
(a)
The location of proposed buildings or structural
improvements.
(b)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas.
(c)
The location, direction, power and time of use
for any proposed outdoor lighting or public-address systems.
(d)
Sign diagram, drawn to scale in ink on minimum
sheet size of 8 1/2 inches by 11 inches, at an appropriate scale,
and accompanying information to illustrate the following:
[1]
Location of building, structure or parcel of
land to which or upon which the sign is to be attached or erected,
including lot and building dimensions and adjoining structures, land
and signs.
[2]
Size and individual dimensions of the sign,
including height, width, depth and clear distance from ground level.
[3]
Description of sign, including construction
materials, color scheme, text, style, content and lighting, including
construction details.
[4]
Statement and description of all other signs
located or proposed to be located on the property or within the distance
stipulated, to be considered under these regulations.
(e)
The location and arrangement of proposed means
of access and egress, including sidewalks, driveways or other paved
areas; and profiles indicating grading and cross sections showing
width of roadway, location and width of sidewalks.
(f)
Any proposed screening and other landscaping,
including types and locations of proposed street trees.
(g)
The location of all proposed waterlines, valves
and hydrants, and all storm and sanitary sewer lines or alternate
means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed easements, deed restrictions
or covenants.
(i)
Any contemplated public improvement on or adjoining
the property.
(j)
Any proposed new grades, indicating clearly
how such grades will meet existing grades of adjacent properties on
the street.
(k)
If the site plan only indicates a first stage,
a supplementary plan shall indicate ultimate development.
(4)
Any other information deemed by the Planning Commission
to be necessary to determine conformity of the site plan with the
spirit and intent of this chapter.
F.
No building permit or use permit shall be issued for
any building or use subject to site plan approval by the Planning
Commission except in conformity with the plan approved by said Commission.
G.
Applicant considerations. In its consideration of
an application for a site plan approval, the Planning Commission shall
determine that:
(1)
The use shall be of such location, size and character
that it will be in harmony with the appropriate and orderly development
of the district in which it is situated and will not be detrimental
to the orderly development of adjacent districts and uses.
(2)
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection therewith,
its site layout and its relation to streets giving access to it shall
be such that traffic to and from the use and the assembly of persons
in connection with it will not be hazardous or inconvenient to the
neighborhood or conflict with the normal traffic of the neighborhood.
In applying this standard, the Commission shall consider, among other
things, convenient routes of pedestrian traffic, particularly of children,
relation to main traffic thoroughfares and to street and road intersections
and the general character and intensity of development of the neighborhood.
The Commission specifically shall find that:
(a)
All proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety conditions.
(b)
Adequate off-street parking and loading spaces
are provided to prevent the parking in public streets of vehicles
of any persons connected with or visiting the use, and the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots.
(3)
The locations and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the proper development and use of adjacent land and
buildings or impair the value thereof or that the development will
not interfere with solar access by solar energy systems in existence
on adjacent lots.
(4)
All playground, parking and service areas shall be
reasonably screened at all seasons of the year from the view of adjacent
residential lots and streets, and the general landscaping of the site
is in character with that generally prevailing in the neighborhood.
Existing trees over eight inches in diameter, measured three feet
above the base of the trunk, shall be retained to the maximum extent
possible.
The Board of Trustees may, from time to time,
amend, revise or repeal this chapter, including the Building Zone
Map, on its own motion or upon recommendation by the Planning Commission
or upon petition from any individual or group of individuals. Prior
to the public hearing, every proposed amendment shall be referred
by the Board of Trustees to the Planning Commission for a report,
which shall be rendered within 45 days of such referral.
A.
Report of the Planning Commission. In making such
report on a proposed amendment, the Planning Commission shall make
a determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in the
text of the chapter:
(a)
Whether such change is consistent with the aims
and principles embodied in the chapter as to the particular districts
concerned.
(b)
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.
(c)
The indirect implications of such change in
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Development Plan of the Village.
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
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
dwellings or other uses likely to be constructed as a result of such
change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the
growth of the Village as envisaged by the Comprehensive Development
Plan.
B.
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 thereof to be given
in accordance with the 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.
C.
Referrals to St. Lawrence County Planning Board.
(1)
Should any proposed site plan, variance or amendment
consist of or include any of the following conditions, the Village
Clerk shall, prior to final action, refer the proposed amendment to
the St. Lawrence County Planning Board. The matters covered by this
section shall include:
(a)
Any amendment thereof which would change the
district classification of or the regulations applying to real property
lying within a distance of 500 feet from the boundary of any city,
Village or town, or from the boundary of any existing or proposed
county or state park or other recreation area, or from the right-of-way
of any existing or proposed county or state parkway, throughway, expressway,
road or highway, or from the existing or proposed right-of-way of
any 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.
(b)
Any special permit, site plan or variance affecting
such real property within such distance of 500 feet.
(2)
The term "proposed" shall be deemed to include only
those recreation areas, parkways, throughways, expressways, roads
or highways which are shown on a county plan adopted pursuant to Subdivision
2 of § 239-d of the General Municipal Law or adopted on
an official map pursuant to § 239-g of such law.
(3)
Within 30 days after receipt of a full statement of
such referred matter, the county, metropolitan or regional planning
agency to which referral is made, or an authorized agent of said agency,
shall report its recommendations thereon to the referring municipal
agency, accompanied by a full statement of the reasons for such recommendations.
If such planning agency fails to report within such period of 30 days
or such longer period as may have been agreed upon by it and the referring
agency, the municipal body having jurisdiction to act may do so without
such report. If such planning agency disapproves the proposal or recommends
modification thereof, the municipal agency having jurisdiction 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 action. Within 30 days after final action by the municipal
agency having jurisdiction on the recommendations, modifications or
disapproval of a referred matter, such municipal agency shall file
a report of the final action it has taken with the county, metropolitan
or regional planning agency which had made the recommendations, modifications
or disapproval.
[Amended 9-4-2001 by L.L. No. 2-2001]
D.
Such regulations, restrictions and boundaries may
from time to time be amended, supplemented, changed, modified or repealed
by the Board of Trustees. In case, however, of a protest against such
change signed by the owners of 20% or more of the area of the land
included in such proposed change, or by the owners of 20% or more
of the land immediately adjacent extending 100 feet therefrom, or
by the owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such amendment shall not become effective except by the favorable
vote of 2/3 of the members of the Board of Trustees in Villages having
three members on the Board of Trustees and 3/4 of the members of the
Board of Trustees in all the other Villages. The provisions of the
previous section relative to public hearings shall apply equally to
all changes or amendments.
